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Stack v Dowden
''Stack v Dowden'' () (UKHL 17 ) is a leading English property law case from the House of Lords case concerning the division of interests in family property after the breakdown of a cohabitation relationship.〔(Presumption of equality in couple’s joint ownership - Times Online )〕
==Facts==
Mr Stack, a self-employed builder and decorator and then employee of Hammersmith and Fulham LBC, and Ms Dowden, an electrical engineer with the London Electricity Board, had cohabited for almost 18 years and had four children from 1986 to 1991. They then bought a house in 1993 at 114 Chatsworth Road, Willesden Green, London. It was registered in both their names, but they had not said what their respective shares were on the Land Registry Form. Usually this meant a presumption that they would share equally in the home. However, the purchase was funded by selling a house that was in Ms Dowden’s sole name, her savings and a joint loan, so she had given 65% of the purchase price. Mr Stack had kept his finances separate, but was living in the previous house since 1983 and had done many improvements. They always, or mostly, had had separate bank accounts, savings and investments. Nine years after purchasing the house, their relationship broke down and they agreed a court order that excluded Mr Stack from the house and required Ms Dowden to pay Mr Stack for the cost of his alternative accommodation. Mr Stack then sought a declaration that the house was held upon trust by the couple as tenants in common and an order for its sale.
The High Court declared that they owned the property in equal shares. Ms Dowden appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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