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Re Draper’s Conveyance [1969]

Facts

  • A marriage broke down and a summons was made such that an order could be made for the matrimonial home to be sold
  • The husband died before the hearing

Issue

  • Did this summons effect severance?

Decision

  • Yes

Reasoning

  • This notice in writing under s 36(2) of the Law of Property Act 1925 had immediate effect and severance was effected
  • The wife was not entitled to the whole of the estate, as survivorship had not operated due to the lack of a joint tenancy
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