Chapter 9- Rights For Cohabiting Couples

Question 1

Which case law stipulates that beneficial interest will generally reflect legal interest?

Answer 1

Stack v Dowden

Question 2

What are the 3 points considered in Stack v Dowden

Answer 2

• if property has sole proprietor, the presumption would be that the property is not to be shared. Same for joint ownership
• anyone who wishes to rebut this presumption has an uphill struggle
• conduct and intention will be considered when awarding beneficial interests

Question 3

Which two cases reflect that the court will award beneficial interest upon what is fair on contributions

Answer 3

Oxley v Hiscox

Jones v Kernott

Question 4

What do cohabiting couples have rights to by law

Answer 4

Children act
Financial orders for children
Domestic violence orders