This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
In the cases where the Act of 1882 applies the rule has lost much of its meaning.
In criminal law it still exists; thus a husband and wife cannot alone be guilty of conspiracy. And it survives in one case in the law of real property.
A gift of land to a husband and his wife and another as joint tenants or tenants in common, gives one half only of the land to the husband and wife between them, and the other half to the third party.
But any expression of a contrary intention will give them separate shares.
Re Jupp (1888), 39 Ch. D. 148.
J, who died in 1887, gave by will a share in certain property "between my sister Mary Buckwell, Daniel Buckwell her husband, and Harriet Buckwell her stepdaughter in equal shares." Held, Mary and Daniel each take a quarter and Harriet takes a half.
This is a survival of the rule that a conveyance ,of land to a husband and, wife as joint tenants, made them "tenants by entireties."
The effect was that the husband could deal with the rents and profits of the land, and with his life interest absolutely without the consent of the wife: but he could not deal with the inheritance, i.e. he could not sell the fee simple without her concurrence. On the death of either, the whole went to the survivor absolutely.
Where the Married Woman's Property Act applies, a gift of land to a husband and wife jointly now makes them joint tenants.