Facts
- A husband and wife agreed that their ex-joint home was to be sold to provide for a small house for the husband; given that the wife was already accommodated elsewhere
Issue
- Did this agreement to sell sever the joint tenancy of the husband and wife such that the property vested entirely in the husband?
Decision
- No
Reasoning
- No intent to sever and the agreement itself was unenforceable
- A final agreement is required to sever a joint tenancy under the Williams v Hensman (1861) catalogue, when interpreting the Law of Property Act 1925, s 36(2)
