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United Kingdom Leading Case common intention constructive trusts

Stack v Dowden

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

Summary

Where a family home is held in joint names, beneficial ownership is presumed equal; the party claiming otherwise must displace this by reference to the whole course of dealing.

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

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