'The erosion of property law principles in cohabitation disputes--a step too far?': Stack V Dowder [2007] 1 All ER 929, HL |
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Authors: | Farooq Imtiaz |
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Abstract: | Cohabitation of unmarried couples is becoming ever so popularin the society. Accordingly the number of property disputesbetween such couples is on the rise. Until now the law in thisarea was marred with conflicting dictums. In Stack v Dowdenthe House of Lords tried to resolve these conflicts by layingdown a simple rule that if there is a joint legal ownershipthe presumption would be of joint beneficial ownership. Thisarticle argues that the framework suggested by the majorityof House of Lords in Stack v Dowden cannot be rationalized bythe long standing law of property. |
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