The House of Lords judgment in Stack v Dowden is probably one of the most influential for some years on the division of property jointly owned by a co-habiting couple on the break-up of their relationship.

With more and more co-habiting unmarried couples buying property together, this landmark judgment will be valuable reference for judges deciding difficult questions of beneficial ownership. 

Andrew Blackburn (the firm’s head of family law department) states ‘ The case also has implications for couples with a property in one of their names only. With marriage rates falling, cohabitation claims are an increasingly important part of our work.  As family lawyers we can help clients by advising them effectively, in the wake of this crucial House of Lords’ decision.”

Their Lordships agreed that the successful Respondent, Dehra Dowden, was entitled to 65% of the proceeds of sale to reflect her financial contribution to the purchase of the property.  The partnership broke up after 27 years and four children. 

Though the House was unanimous in dismissing Mr Stack’s appeal against the Court of Appeal’s decision to award him only 35% ownership in his family home, there is scope for the development of further argument.  Mr Stack was a joint legal owner, but he was not a 50% beneficial owner; however, the case had a unusual features, including the disparity in contributions to the purchase cost of the property and the fact that throughout a long relationship the parties did not pool their resources.

For more information about how this judgment can affect co-habiting partners and their families, contact a member of our family law team.

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