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
