Harris v Goddard

A request in a divorce petition for a property adjustment order did not sever a joint tenancy, because it did not show a desire to sever immediately.

Citation
[1983] 1 WLR 1203
Court
Court of Appeal (Civil Division)
Year
1983
Subject
Land Law
Topic
Co-ownership and trusts of land

Facts

Mr and Mrs Harris held the matrimonial home as joint tenants. The marriage broke down, and Mrs Harris presented a divorce petition that asked the court to make such order by way of transfer of property as may be just, under the Matrimonial Causes Act 1973. Before the divorce was heard, Mr Harris was seriously injured in a car accident and died. Mrs Harris claimed the whole house by survivorship, and his executors argued that the petition had severed the joint tenancy.

Legal principle

The Court of Appeal held that the joint tenancy had not been severed. Lawton LJ said that a notice under section 36(2) of the Law of Property Act 1925 must show an intention to bring about the wanted result immediately. The prayer in the divorce petition did no more than invite the court to consider at some time in the future whether to exercise its powers, and those powers might be exercised in a number of ways. It did not show a desire to sever the joint tenancy immediately.

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