Sindy and Ken Are Legal Joint Tenants of Their Home

Multiple Choice

Sindy and Ken are legal joint tenants of their home, but have not declared the nature or extent of their beneficial entitlements to the home. The property was purchased in 2008 through a 100% mortgage loan, and both Sindy and Ken paid the deposit equally. Throughout their time in the home, the couple kept separate bank accounts and paid the bills separately. The majority of the household bills were paid by Sindy, and in the last two years, Sindy has paid all outgoings on the property as Ken was unemployed.
Ken and Sindy have now separated, citing irreconcilable differences, and both wish to sell the property. Sindy wishes to know the likely extent of her entitlement to the proceeds of sale

A) Equitable entitlement follows legal entitlement, so that Sindy and Ken are joint owners of the equitable title. Sindy is therefore entitled to a 50% share.
B) Sindy is entitled to a greater share of the property than 50%, as her payments of the household outgoings demonstrate a common intention to acquire a beneficial interest in the home and it will provide the necessary detriment to allow her to acquire an interest.
C) Sindy may be entitled to a greater share on the proceeds of sale than 50%, as she may rely on the fact that the couple kept their finances separate while living together, and she has met the outgoings on the property for the last two years.
D) Sindy is entitled to an equal share of the property, as she and Ken advanced the deposit in equal shares.