“How should the court approach the determination of the beneficial interests in a property acquired in joint names by an unmarried couple? The Court of Appeal had held the decision of the House of Lords in Stack v Dowden did not allow the court to impute to the parties an intention that they would divide their beneficial interest in their property fairly. The Supreme Court revisited the decision in Stack v Dowden and disagreed with the Court of Appeal: If the presumption of joint beneficial ownership is rebutted, the court can, in the absence of finding any intention as to the shares, impute to the parties an intention that their beneficial interest would be divided in a manner that the court considers fair.”
Hardwicke Chambers, 9th November 2011
Source: www.hardwicke.co.uk
