Abstract
The recent decision of the House of Lords in Stack v. Dowden appears, at first sight, to endorse a new approach to the jointly owned family home. However, upon closer inspection, this proves to be something of an illusion: the new approach is remarkably similar to the traditional resulting trust in that it attaches more weight to financial payments than to other contributions. A further problem is that the disjunction between the reasoning of the judges and the actual result makes it a difficult decision to apply to future cases. This case-note will consider the legal and social issues raised by the case and will argue that it has the potential to disadvantage women who do not make an equal financial contribution to the purchase of the home.
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Acknowledgements
I would like to thank Liam D’Arcy Brown and Gary Watt for their helpful comments on earlier drafts of this piece.
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Probert, R. Equality in the Family Home?. Fem Leg Stud 15, 341–353 (2007). https://doi.org/10.1007/s10691-007-9065-y
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DOI: https://doi.org/10.1007/s10691-007-9065-y