Abbott v Abbott [2008] 124 LQR 209

H and W got married and H was given some land by his mother in his sole name.

H and W took out a joint loan with joint liability for the building of a home. H and W’s earnings went into a joint account and paid off the mortgage jointly.

Privy Council held that the presumption of sole ownership was rebutted by the parties’ course of conduct relating to the property.

When a parent gives a present for the purposes of building a matrimonial home it is for the benefit of both parties and the fact that the parties did all their financial dealing together implies an agreement to share ownership.

• Thus each party would be given a 50% share.

• This was reasoned on the basis of Stack v Dowden, the speech of Lord Bridge in Rosset now being overturned in law.