Re Draper’s Conveyance [1969] 1 Ch 486

Written By Nicolas Heyes

Court of Chancery

Basic Facts: Husband and Wife, joint tenants of a matrimonial home, divorced. Wife wanted the house sold and proceeds divided, supported by an affidavit. Husband stayed in possession until his death.

Issue for the Court: When is there sufficient notice for statutory severance?

Held: The court concluded that a joint tenant’s application for sale can constitute a severance of the joint tenancy.

(Plowman J):

  • The affidavit and summons indicated W’s clear intention to sever the joint tenancy. The court held that the severance was effective because these actions demonstrated an intention inconsistent with the continuation of the joint tenancy.

Nicolas Heyes
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