In a divorce petition, the petitioner sought to sever the joint tenancy in the family home. The respondent died in a car crash before the hearing. Held: The mere inclusion of such a prayer did not itself operate to sever the joint tenancy. The desire to sever must be immediate. A prayer in a petition was an invitation to a court at some future time to sever the interests, and was not immediate. The joint tenancy had not been severed and the petitioner took the entire property. A notice in writing under s.36(2) had to evince an intention to sever immediately, unlike a court petition which is not effective immediately but merely upon the decision of the court.
