Court Court of Appeal | ||
Citation(s) [1983] 3 All ER 242, [1983] 1 WLR 1203 | ||
Harris v Goddard [1983] 3 All ER 242 is an English land law case, concerning co-ownership of land.
Contents
Facts
Mr Harris and Mrs Harris, joint tenants, fell out, she petitioned for divorce and asked under the Matrimonial Causes Act 1973, ‘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 the petition had effectively severed the joint tenancy.
Judgment
Lawton LJ held that the petition was not effective to sever, because this was expressed so as to bring about the severance at some point in the future. His judgment continued.
Dillon LJ said the following.
References
Harris v Goddard Wikipedia(Text) CC BY-SA