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04 May 2007
Issue: 7271 / Categories: Legal News , Public , Property
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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

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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