Harris v Goddard (1983) 1 WLR 1203

This case involved a divorce petition. The petitioner sought to sever the joint tenancy in the family home, however the respondent died in a car crash before the hearing.

Held: The 'mere inclusion' of such a prayer did not itself operate to sever the joint tenancy. The desire to sever must be immediate. A prayer in a petition was an invitation to a court at some future time to sever the interests, and was not immediate thus the joint tenancy had not been severed and the petitioner took the entire property.

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