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Stack v. Dowden (Respondent)

Smart Summary

Factual and Procedural Background

The Appellant and the Respondent co-habited for many years and had four children. In 1993 they purchased a house in The City in their joint names. The Respondent supplied most of the cash for the purchase while both parties assumed joint liability under the mortgage. No express declaration of trust accompanied the conveyance.

When the relationship ended the Appellant left the property. The Respondent remained in occupation with the children. The Appellant sought (i) an order for sale and (ii) an equal division of the net proceeds, plus a monthly payment to compensate him for being excluded from occupation. The trial judge ordered an equal split and awarded the monthly payment. The Court of Appeal varied that order, deciding that the Respondent was entitled to 65% of the net proceeds, the Appellant 35%, and removed the monthly payment. The Appellant appealed to the House of Lords.

Legal Issues Presented

  1. What is the correct starting presumption when property is conveyed into the joint names of co-habiting partners without an express declaration of trust?
  2. What type and quality of evidence is required to rebut that presumption and establish unequal beneficial shares?
  3. Did the facts of this case justify departing from equal beneficial ownership, and if so to what extent?
  4. Was the Appellant entitled to occupational compensation after leaving the property?

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

PrecedentRule or Principle Cited ForApplication by the Court
Pettitt v Pettitt [1970] AC 777Rejected wide discretion under Married Women’s Property Act; emphasised need for actual intentionFoundation for requiring evidence rather than fairness to determine shares
Gissing v Gissing [1971] AC 886Concept of common-intention constructive trusts; distinction between inferring and imputing intentionCourt followed majority view that intention may be inferred but not imputed
Lloyds Bank v Rosset [1991] 1 AC 107Two-stage test for establishing constructive trusts; evidential thresholdRe-affirmed that financial contribution is strong evidence but not the only route
Oxley v Hiscock [2005] Fam 211Quantification where sole legal ownership; consider whole course of dealingCited as helpful but limited to sole-name cases; joint names require heavier burden to displace equality
Mortgage Corporation v Shaire [2001] Ch 743Receipt clause not an express declaration of trustSupported view that Land Registry “receipt” wording does not fix beneficial shares
Galloway v Galloway 1929 SC 160Scottish presumption of equal shares in common ownershipUsed comparatively to show consistency north and south of the border
Wissenbruch v Wissenbruch 1961 SC 340Contributions may rebut equality in Scots lawIllustrative of Scottish approach paralleling English
Denvir v Denvir 1969 SLT 301Evidence may displace presumption of equal sharesUsed analogically
McKenzie v Nutter 2007 SLT (Sh Ct) 17Unjust enrichment between co-habitantsCited to show restitutionary trend in Scotland
Satchwell v McIntosh 2006 SLT (Sh Ct) 117Restitutionary recovery where title in one name onlyComparative reference
Eves v Eves [1975] 1 WLR 1338Common-intention constructive trust inferred from conductHistorical development of modern approach
Bernard v Josephs [1982] Ch 391Married and unmarried couples subject to same principlesCited for equality of legal test
Bedson v Bedson [1965] 2 QB 666Section 17 of 1882 Act procedural onlyHistorical context
McFarlane v McFarlane [1972] NI 59Earlier uncertainty over discretion to vary property rightsBackground
Hine v Hine [1962] 1 WLR 1124Attempt to expand section 17 discretionOverruled approach contrasted
White v White [2001] 1 AC 596Redistributive powers on divorceShows statutory solution for married couples absent for co-habitants
Crabb v Arun DC [1976] Ch 179Minimum equity to satisfy proprietary estoppelReferenced when distinguishing estoppel from trusts
Yaxley v Gotts [2000] Ch 162Overlap of proprietary estoppel and constructive trustJudge’s earlier support later tempered
Drake v Whipp [1996] 1 FLR 826Resulting vs constructive trust where mixed contributionsCited to caution against rigid resulting-trust arithmetic
Muschinski v Dodds (1985) 160 CLR 583Australian approach; unconscionability and partnership failureComparative illustration
Grant v Edwards [1986] Ch 638Inferred common intention from excuse given for sole title“Turning point” in constructive-trust cases
Stokes v Anderson [1991] 1 FLR 391Broad view of contributions post-RossetPart of Court of Appeal line of authority
Midland Bank v Cooke [1995] 2 All ER 562Whole-course-of-dealing approach in sole-name casesInformative but distinguished for joint names
Walker v Hall [1984] FLR 126Applied strict resulting-trust arithmetic in joint namesHouse disapproved of strictness
Springette v Defoe [1992] 2 FLR 388Resulting trust presumption in joint purchaseListed among cases not to be followed
Huntingford v Hobbs [1993] 1 FLR 736Receipt clause not trust declarationRelied on to reject Appellant’s argument
Crossley v Crossley [2006] 2 FLR 813Later Court of Appeal view on joint namesCited as contrasting authority
Steadman v Steadman [1976] AC 536“Uniquely referable” test in part-performanceUsed by analogy to caution against technical tests
Dyer v Dyer (1788) 2 Cox 92Classic statement of resulting-trust presumptionApproved as statement of general rule
Malayan Credit v Jack Chia-MPH [1986] 1 AC 549Presumption of equality between legal co-owners; when displacedSupported burden-of-proof analysis
Westdeutsche Landesbank v Islington LBC [1996] AC 669Nature of resulting trustsCited to show conceptual basis
Royal Bank of Scotland v Etridge (No 2) [2002] 2 AC 773Meaning of “presumption” as evidential toolApplied to explain resulting-trust presumption
Ulrich v Ulrich & Felton [1968] 1 WLR 180Mortgage liability not equal to cash contributionDiscussed in assessing mortgage repayments
Rimmer v Rimmer [1953] 1 QB 63Equal division where evidence too vagueIllustrative of discretionary outcome in evidential void

Court's Reasoning and Analysis

The majority (Judges Hale, Hope and Walker) held that:

  • The correct “starting point” in joint legal ownership is a presumption of joint and equal beneficial ownership.
  • That presumption is rebutted where one party proves that the common intention as to beneficial interests differed from the legal title.
  • Evidence of unequal financial contributions, coupled with the parties’ clear practice of keeping their finances separate, demonstrated such an intention here.
  • The Respondent’s substantially greater cash contribution (and larger share of mortgage capital repayments) justified her receiving 65 % of the net proceeds.
  • Factors such as length of relationship, presence of children or pooling of day-to-day outgoings do not by themselves shift the presumption; direct evidence or compelling inference of a different intention is required.
  • The Land Registry “receipt clause” is not an express declaration of trust and could not, without further evidence, prove an intention to share equally.
  • Occupancy compensation is governed by ss 12–15 Trusts of Land and Appointment of Trustees Act 1996; on the facts the majority agreed with the Court of Appeal that no further payments were due.

Judge Neuberger agreed that the appeal on beneficial ownership should be dismissed but dissented on the compensation point, reasoning that fairness and the statutory factors justified continued monthly payments to the Appellant while the Respondent remained in sole occupation.

Holding and Implications

APPEAL DISMISSED.

The House of Lords affirmed that the net proceeds of sale should be divided 65 % to the Respondent and 35 % to the Appellant and that no occupational compensation was payable (majority view).

Implications: the decision clarifies that in joint-name cases the burden lies on the party asserting unequal shares; mere domestic co-habitation factors are insufficient without clear evidence of a different common intention. The ruling provides greater predictability for advisers and emphasises the utility of express declarations of trust in residential conveyancing.

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Stack v. Dowden (Respondent)

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Stack v. Dowden (Respondent)
(Apr 25, 2007)