In a divorce petition, the petitioner sought, under section 24 of the 1973 Act, to sever the joint tenancy in the family home. The respondent died in a car crash before the hearing.
Held: The mere inclusion of such a prayer did not itself operate to sever the joint tenancy. The desire to sever must be immediate. A prayer in a petition was an invitation to a court at some future time to sever the interests, and was not immediate. The joint tenancy had not been severed and the petitioner took the entire property.
Judges:
Lawton LJ
Citations:
[1983] 3 All ER 242, [1983] 1 WLR 1203
Statutes:
Matrimonial Causes Act 1973 24
Jurisdiction:
England and Wales
Cited by:
Cited – H M Customs and Excise and Another v MCA and Another; A v A; Re MCA CA 22-Jul-2002
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial . .
Lists of cited by and citing cases may be incomplete.
Land, Trusts
Updated: 29 April 2022; Ref: scu.189964
