header-logo header-logo

04 May 2007
Issue: 7271 / Categories: Legal News , Public , Property
printer mail-detail

Cohabitees miss out on equal shares

The presumption in law that cohabiting partners buying property in joint names have equal interests in it unless they declare otherwise can be overcome by evidence that their intentions were different, the House of Lords has ruled.

In Stack v Dowden, a couple had lived together for almost 30 years and had four children. The mortgage interest and joint endowment policy premiums of their home were paid by Barry Stack. The mortgage loan was repaid by a series of lump sum capital payments, beginning in 1994, to which Stack contributed £27,000 and Dehra Dowden £38,435. The couple otherwise kept their finances separate.

The Law Lords ruled that Dowden was entitled to 65% of the value of the house. Baroness Hale said that to show that the beneficial ownership of the house was not shared equally, Dowden needed to first show that the common intention when buying the property in joint names was that it should not be shared as beneficial joint tenants.

“In some, perhaps many, cases of real domestic partnership, there

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll