Kinch v Bullard
A notice of severance sent to the matrimonial home was effective when delivered, even though the sender later changed her mind and destroyed it before her husband saw it.
Facts
Mr and Mrs Johnson held their home as joint tenants. During divorce proceedings, Mrs Johnson, who was terminally ill, sent her husband a notice of severance by first class post to the house. Before it arrived, Mr Johnson had a serious heart attack and was taken to hospital. When the letter arrived, Mrs Johnson, realising that she might now survive him and take the whole house by survivorship, destroyed the letter before he saw it. Mr Johnson died, followed by Mrs Johnson a few months later.
Legal principle
Neuberger J held that the joint tenancy had been severed. Under section 196(3) of the Law of Property Act 1925, a notice is sufficiently served if it is left at the last known place of abode of the person to be served. The notice was served when it was delivered to the house, whether or not Mr Johnson read it, and Mrs Johnson could not withdraw it after it had been served. Her change of mind came too late.
Related cases on co-ownership and trusts of land
- Bank of Ireland Home Mortgages Ltd v Bell [2001] 2 FLR 809
- Barca v Mears [2004] EWHC 2170 (Ch)
- Bull v Bull [1955] 1 QB 234
- Burgess v Rawnsley [1975] Ch 429
- Re Citro (A Bankrupt) [1991] Ch 142
- Re Draper's Conveyance [1969] 1 Ch 486
- First National Bank plc v Achampong [2003] EWCA Civ 487, [2004] 1 FCR 18
- Goodman v Gallant [1986] Fam 106
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