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On appeal from: [2010] EWCA Civ 578

The Court considered whether a court could alter the beneficial interests of a couple who held a property in equal shares at the date of their separation but had made different levels of contribution to the mortgage, and where there was no express statement of how the title was to be shared.

It was held that although under the principle recognised in Stack v Dowden [2007] UKHL 17 the presumption is that when a family home was purchased in joint names they also intend to own it jointly in equity, this could be rebutted by evidence that this was not, or ceased to be, the parties’ intention. The Supreme Court unanimously allowed the appeal, restoring the order of the county court at first instance that the proceeds be apportioned 90% to the appellant on the basis that the parties’ intentions had changed following their separation.

For judgment, please download: [2011] UKSC 53
For the Court’s press summary, please download: Press Summary
For a non-PDF version of the judgment, please visit: BAILII