Millions of Cohabitees Affected
Stack v Dowden [2007] UKHL 17
HL(E)
25 April 2007
Weekly Law Notes Summary
The purchase of a residential property in the joint names of cohabitants, where there was no express declaration of the beneficial interest, indicated both legal and beneficial joint tenancy, unless and until the contrary was proved in the light of the parties’ whole course of conduct in relation to the property.
The House of Lords so held (Lord Neuberger dissenting as to the reasoning but concurring in the result), in dismissing an appeal by the claimant, Barry Alan Stack, from a decision of the Court of Appeal (Chadwick, Carnwath and Smith LJJ) [2006] 1 FLR 254, given on 13 July 2005, allowing an appeal by the defendant, Dehra Ann Dowden, and varying an order made by Judge Levy QC at the Central London County Court [2005] 2 FCR 739 on 6 October 2004, so that the proceeds of sale of the property the parties had occupied should be divided 65% to the defendant and 35% to the claimant.