Key Case Stack v Dowden
They purchased a house in their joint names without specifying their respective shares. Ms. Dowden contributed 65% of the purchase price, while mr. Stack contributed 35%. After their relationship ended, mr. Stack sought an equal division of the property, while ms. Dowden argued for a division based on their contributions.
House of lords decision: the house of lords held that the presumption of equal beneficial ownership could be rebutted by evidence of a different common intention. In this case, the court found that the parties had kept their finances separate and that ms. Dowden's greater financial contribution indicated a common intention for unequal shares. The court awarded ms. Dowden a 65% share and mr. Stack a 35% share.
#BarryStack
#InEngland
#StackVDowden
#OxleyVHiscock
#ConstructiveTrust
#DavidHopeBaronHopeOfCraighead
#HouseOfLords
4 Pages
Topic Notes
#BarryStack
#InEngland
#StackVDowden
#OxleyVHiscock
#ConstructiveTrust
#DavidHopeBaronHopeOfCraighead
#HouseOfLords
4 Pages
Topic Notes
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