Family and Matrimonial Law - Co-owners of property

The House of Lords decision in the case of Stack v Dowden will not only affect cohabiting couples but has the potential to apply to all co-owners of property.

3 of the key principles are:

1. Where the legal ownership of a property is in joint names then the starting point if there is a dispute is that there is also joint beneficial ownership. Likewise if there is sole legal ownership then there is a presumption of sole beneficial ownership.

2. The burden of proof is upon the party who is trying to show the beneficial ownership is different from the legal ownership. It will be harder to displace the presumption where property is jointly owned.

3. If a party does displace the presumption then the court will look at what the parties must have intended in the light of their conduct. The court is not entitled to just consider what is fair. Each case turns on its own facts.

Visit our Family and matrimonial page for more information