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(Court of Appeal; Tuckey LJ, Lord Neuberger of Abbotsbury and Rimer LJ; 7 February 2008)
The presumption that, in the absence of a specific declaration of trust by the parties, domestic property conveyed into joint names was held jointly and equally in terms both of legal and of beneficial interests, applied to a family home occupied by cohabitants, not to commercial property or property purchased as an investment. It was not right to apply Stack v Dowden to cases in which the primary purpose of the property purchase had been as an investment, even if there was a family relationship between the parties.
The Red Book is the acknowledged authority on practice and procedure