Hi,
Please refer you to
TSEM9851 which states the following- ‘Where married couples or civil partners elect not to be taxed 50/50, the normal rules of beneficial ownership apply.
The starting point is that the jointly held property is presumed to be held as joint tenants (
TSEM9230).
As
TSEM9230 says, there are various ways this presumption can be displaced by evidence to the contrary - for example, a valid declaration of trust in equal or unequal shares.
However, if the shares are equal there would be no possibility of a joint declaration on form 17 for tax purposes, so only a declaration in respect of unequal shares would be correct.
Thank you.