In divorce proceedings, P, under legislation, asked that the property be sold and the income distributed between her and he husband either 50-50 or that he sell the property and pay her half. Plowman J held that the wife’s request showed intention inconsistent with a continued joint tenancy and operated to sever her beneficial joint tenancy during the husband's lifetime. NB he isn’t making clear whether the litigation of the parties comes within mutual conduct of the parties or whether the summons constitutes a notice in writing. The latter makes more sense.
