Facts
- Following the divorce of a husband and wife, it was agreed that the house, owned as joint would be split unequally
- No agreement was reached on the share proportions before the husband passed away
Issue
- How should the property value be distributed?
Decision
- 50/50
Reasoning
- The agreement constituted effective severance
- As no agreement had been reached on share proportions, the house would be divided equally such that half of the house passed with the husband’s estate
