Facts
- Two partners jointly purchased a house as joint tenants, but the female partner never moved in
- The partners orally agreed that the female’s share would be sold to the male partner
Issue
- Did this agreement sever the joint tenancy, such that the daughter of one partner could claim entitlement to half of the property?
Decision
- No severance
Reasoning
- An agreement to sever, to effect severance, must be irrevocable, and must be accompanied by mutual intent under the Williams v Hensman (1861) catalogue, when interpreting the Law of Property Act 1925, s 36(2)
- Intents were at odds with each other, as the female partner had never intended to move in
- Lord Denning and Sir John Pennycuick disagreed over whether a course of dealings needed to be enforceable to constitute effective severance, although no issue of a course of dealings arose on the facts of the case
- The interesting relationship between the two partners was aptly described by Lord Denning at the start of his judgment, and is worth a read for comic value alone
Citation
- [1975] Ch 429
