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Words: 2,072 | Submitted: Tue Apr 14 2009
... house prices rise and more and more people are living together without getting married.'6 He stated that 'a more practical, down to earth approach is called for...[which] should be simple and accessible.'7 The Law Commission has also commented on the current system describing it as 'complex, uncertain, expensive to rely on [which] often gives rise to outcomes that are unjust.'8 The House of Lords has recently contended with this 'patchwork of legal rules'9 regarding cohabiting couples in the case of Stack v Dowden.10 Stack v Dowden: The proposed framework The recent decision of the House of Lords in Stack v Dowden provides an important framework which illustrates how the property disputes of unmarried co-owners are to be resolved upon separation. Mr Stack and Miss Dowden were a long term cohabiting couple with four children. In 1993 the couple purchased a family home to which Miss Dowden made a greater financial contribution. ...
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