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United Kingdom Leading Case common intentionjoint ownershipbeneficial interest

Stack v Dowden

[2007] UKHL 17
JurisdictionUnited Kingdom
CourtHouse of Lords
Year2007
StatusBinding authority

Key Principle

Where a family home is held in joint names, the presumption is equal beneficial ownership; the burden of establishing a different beneficial interest lies on the party claiming it, and the court considers the parties' whole course of dealing (Baroness Hale).

Area of Law

trusts

Related Cases

Test Claimants in the FII Group Litigation v HMRC (No 2) [2020] UKSC 47
Children's Investment Fund Foundation v Attorney General [2020] UKSC 33
Investment Trust Companies v Revenue and Customs Commissioners [2017] UKSC 29

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