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Hunter v Babbage [1994]

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
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