''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.

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.

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