Harris v Goddard
Harris v Goddard 3 All ER 242 is an English land law and English [family law|matrimonial law] 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, ‘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 as her husband quickly died.Judgment
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 said the following.
Significance
The underlying law as to survivorship and the default way in which spouses co-own has not changed - it takes documented 'words of severance' to end the survivor's full-parts inheritance of a jointly owned asset.English family law common process in divorce 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 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 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.