Stack v Dowden (CA)
- Date: 13/02/2005
Citation: [2005] EWCA Civ 857
Related Barristers: Francis Wilkinson
A case relating to the division of property following the breakdown of a relationship between parties who were not married. The parties lived together for 27 years. During that time they had four children, but they did not marry. The parties saved money, but not in joint names, and they previously lived in a house which was legally owned by one of them. At the time the the relationship broke down they were living in a house owned legally by both of them. The issue before the trial court was how to divide between them the house in which they had been living, and to a lesser extent how to divide other assets. This gave rise to the question of what sort of trust there was in relation to their property, and particularly in relation to the house.
The question before the Court of Appeal was whether in the case of joint legal owners a declaration that the survivor of the parties is able to give a good receipt for money received on sale of a property, in the absence of any good evidence to the contrary, establishes that the parties are joint beneficial owners of the property.
The Court of Appeal found that they were bound by authority to conclude that the answer to the question was 'no', but granted permission to appeal against their judgment.
The answer to the question is, according to Carnwath LJ in his judgment in the case, to be found in 'a witch's brew' of inconsistent case law on implied trusts.
The House of Lords has now considered this case. Judgment is available here. Chambers will be holding a seminar on this case on 17 May 2007. See also Chambers' news release.