Joint tenancies – severance – notice – conduct – common intention

Davis & Anor v Smith [2011] (Not yet reported – Court of Appeal Lord Neuberger MR and Maurice Kay and Sullivan LJJ) (23 November 2011)

The full judgment of this case is not to hand at the time of going to press. The brief information presently available indicates that a former council house was purchased by husband and wife as joint tenants. The marriage broke down and the husband moved out. Divorce proceedings were issued. The joint assets were modest comprising the house and an endowment policy. Correspondence between solicitors suggested that the one should have the endowment policy and the other the house. A buyer for the house was found and a contract was sent out. The wife made a will appointing the defendant (D) as executor. The wife made an appointment with her solicitors with a view to giving notice of severance of the joint tenancy pursuant to s36(2) of the Act. Earlier on the day of the appointment the wife died unexpectedly.