Stack v Dowden

Stack v Dowden

The court held that, absent an express trust and in light of the parties' unequal financial contributions, it would not be fair to divide the beneficial interest equally. The proper division, reflecting the parties' contributions and the whole course of dealing, was 65% to Miss Dowden and 35% to Mr Stack.

Parties
Claimant/respondent: Barry Alan Stack; Defendant/appellant: Dehra Anne Dowden
Jurisdiction
England and Wales
Judgment Date
13 July 2005
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision
Outcome
Appeal allowed in part; cross-appeal refused.
Legal Topics
Beneficial Interests in Cohabitees' Property, Resulting and Constructive Trusts, Division of Property on Relationship Breakdown
Property Law Trusts Law Family Law Beneficial Interests in Cohabitees' Property Resulting and Constructive Trusts Division of Property on Relationship Breakdown

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Parties

Barry Alan Stack

Claimant/respondent

Dehra Anne Dowden

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision

Legal Issues

  1. 1 How to determine the respective beneficial interests of unmarried cohabitees in property registered in their joint names
  2. 2 Whether an express trust was created by the transfer deed
  3. 3 Whether the parties' conduct and contributions alter the presumption of equal beneficial ownership

Ratio Decidendi

The court held that, absent an express trust and in light of the parties' unequal financial contributions, it would not be fair to divide the beneficial interest equally. The proper division, reflecting the parties' contributions and the whole course of dealing, was 65% to Miss Dowden and 35% to Mr Stack.

Court Disposition

Appeal allowed in part; cross-appeal refused.

Orders

  • Set aside the order for equal division of proceeds; instead, order division 65% to Miss Dowden and 35% to Mr Stack.
  • Set aside the order for ongoing monthly payments to Mr Stack after October 2004; uphold payment of £8,100 for the period covered by the undertaking.