''Harris v Goddard''
983
Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...
3 All ER 242 is an
English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
and
matrimonial law
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
Summary table
Rights and obligations
A marriage, by definition, bestows ...
case, concerning
co-owned land between spouses and finding as to the effect of a divorce petition.
Facts
Mr. Harris and Mrs. Harris, joint tenants, fell out, she petitioned for divorce and asked under the
Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales.
Contents
The act contains four parts:
# Divorce, Nullity and Other Matrimonial Suits
# Financial Reli ...
, ‘That such order may be made by way of transfer of property and/or settlement in respect of the former matrimonial home… and otherwise as may be just’. Mr Harris was killed in an accident, before the divorce hearing. The issue was whether a divorce petition effectively severs the joint tenancy. If so, she will have acted against her interests, as the property falls to be divided by the Will (subject to the legal matrix of rights for dependant widows) as her husband quickly died.
Judgment
Lawton LJ
Sir Frederick Horace Lawton (21 December 1911 – 3 February 2001) was a British barrister and judge who served as Lord Justice of Appeal from 1972 to 1986.
Early life and career
Frederick Lawton was born in Wandsworth, London, the son of Wi ...
held that the petition was not effective to sever, because this was expressed to bring about the severance at some point in the future. His judgment continued.
Dillon LJ
Sir George Brian Hugh Dillon (2 October 1925 – 22 June 2003) was a British lawyer and judge who served as a Lord Justice of Appeal from 1982 to 1994.
Biography
Dillon was born in a naval family, the son of Captain George Crozier Dillon, RN, ...
said the following.
983
Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...
1 WLR 1203, 1210
Significance
The underlying law as to survivorship and the default way in which spouses co-own (as joint tenants in equity, not tenants in common in equity) has not changed - it takes documented 'words of severance' to end the survivor's full-parts ("absolute") inheritance of a jointly owned asset (which is the resultant feature of being a 'joint tenant in equity').
English family law
English family law concerns the law relating to family matters in England and Wales. Family law concerns a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving ...
common process in divorce (replicated at this stage in separation) has increased the likelihood of the reflection of the end of the relationship affecting the financial affairs of the parties. Under the
Family Law Act 1996
The Family Law Act 1996c 27 is an Act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimonial Ca ...
a spouse or other cohabitant with shared children will commonly register their interests as part of any separation or divorce while also severing the joint tenancy. This means any third parties interested in the other spouse's property alone (for example) are fixed with actual notice of the rights of the spouse and that those rights are solidified. Equity itself has shifted in favour of equal division further than in 1983, with extra considerable sums likely for children.
See also
*
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
*
English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...
References
Notes
{{reflist, group=n
1983 in England
English land case law
1983 in United Kingdom case law
Court of Appeal (England and Wales) cases