Barry Alan Stack v Dehra Anne Dowden
Barry Alan Stack v Dehra Anne Dowden
- 2005
[2005] EWCA Civ 857, 13 July 2005. Appeal by (D) against an order confirming that a property (C) purchased by D and her then partner (S) in their joint names was held upon trust between D and S as tenants in common in equal shares. The transfer deed for C had included a clause that the survivor of them was entitled to give a valid receipt for capital money arising out of the disposition of the property. It was not clear if the parties had discussed how they wanted to own the property. D and S later separated. S had submitted that the beneficial joint tenancy had been converted into a beneficial tenancy in common in equal shares by severance and was granted a declaration that the property had been held upon trust by him and D as tenants in common in equal share. "Held": appeal allowed. It was impossible to conclude fairly that the parties' beneficial shares relating to the property should be equal. The judge had failed to give proper weight to the full extent of D's contribution from her own funds in the purchase of C.
OXLEY V HISCOCK
STACK V DOWDEN
[2005] EWCA Civ 857, 13 July 2005. Appeal by (D) against an order confirming that a property (C) purchased by D and her then partner (S) in their joint names was held upon trust between D and S as tenants in common in equal shares. The transfer deed for C had included a clause that the survivor of them was entitled to give a valid receipt for capital money arising out of the disposition of the property. It was not clear if the parties had discussed how they wanted to own the property. D and S later separated. S had submitted that the beneficial joint tenancy had been converted into a beneficial tenancy in common in equal shares by severance and was granted a declaration that the property had been held upon trust by him and D as tenants in common in equal share. "Held": appeal allowed. It was impossible to conclude fairly that the parties' beneficial shares relating to the property should be equal. The judge had failed to give proper weight to the full extent of D's contribution from her own funds in the purchase of C.
OXLEY V HISCOCK
STACK V DOWDEN