Separated couples should expect the courts to take a robust approach in quantifying shares in the family home in future. Sarah Greer explains why
The quantification of beneficial interests in the quasi-matrimonial home has been problematic for the courts over many years. Separating couples have often given no thought to the legal implications of their house purchase, and rarely make express provision for the division of the property in the event of a relationship breakdown. Despite the Law Commission's best efforts, legislation designed to assist the parties in dividing up their home now seems unlikely in the near future. In the absence of this, in Stack v Dowden [2007] UKHL 17, [2007] All ER (D) 208 (Apr), the House of Lords helpfully set out guidelines for the courts in approaching such cases. However, subsequent decisions, such as Adekunle v Ritchie (2007) WTLR 1505, have demonstrated the difficulty faced by the lower courts in applying these guidelines. In Fowler v Barron [2008] EWCA Civ 377, [2008] All ER (D) 318 (Apr) the Court of Appeal has at last seized
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