A husband and wife, joint tenants, divorced and she issued a summons under the Married Women's Property Act 1882, section 17 for the house to be sold and proceeds split between them.

She swore an affidavit saying she wanted proceeds to be ‘distributed equally; alternatively, that [the husband] pay me one half the value ...’.

The children of the husband wanted there to be severance so they could claim the father’s share, and not have their stepmother entitled to the whole.

Plowman J held there was severance in equity with the affidavit supporting the summons on 11 February 1966.

He noted counsel’s argument that the court has no power under the Married Woman’s Property Act 1882 to sever the beneficial joint tenancy.