Two unmarried partners buy a home in joint names with no express declaration of beneficial interests. The woman contributed 30 percent of the price and the man 70 percent. Applying Stack v Dowden, what is the likely starting point?
Answer and explanation
Correct answer: B. Equal shares
- Step 1: Stack v Dowden states that where a home is in joint names, the starting point is joint beneficial ownership.
- Step 2: The presumption can be displaced by evidence of a different common intention.
Answer
Equal shares.
Why not the others: A resulting trust is not the starting point for a joint-name domestic home; contributions are not conclusive; the registrar does not fix shares.
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