Stack V Dowden - Facts

Facts

Mr Stack appealed against an order ( EWCA Civ 857, (2006) 1 F.L.R. 254) specifying the division of the net proceeds of sale of the home he had shared with his former partner (Ms Dowden) and their children. Ms Dowden and Mr Stack had purchased the house in their joint names using the then current land registry form, which contained no declaration of trust but contained a declaration that the survivor could give a good receipt for capital money arising from a disposition of the property. The purchase was funded by the sale of their previous property, which had been in Ms Dowden's sole name, plus savings in Ms Dowden's name, and a mortgage held in both names. Mr Stack paid the mortgage interest and endowment policy premiums, while together they paid off the capital, with Ms Dowden contributing a greater proportion. When they bought the house, Ms Dowden and Mr Stack had been cohabiting for 18 years and had four children. Nearly all aspects of their respective finances had been kept separate. 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 in equal shares and an order for its sale. The High Court granted this. Ms Dowden appealed.