Oxley v Hiscock

Where there is no evidence of an agreed share, each party is entitled to the share the court considers fair, having regard to the whole course of dealing between them.

Citation
[2004] EWCA Civ 546, [2005] Fam 211
Court
Court of Appeal (Civil Division)
Year
2004
Subject
Land Law
Topic
Trusts of the family home

Facts

Mrs Oxley and Mr Hiscock lived together. They bought a house in Mr Hiscock's sole name, with money from the sale of a house owned by Mrs Oxley, money from Mr Hiscock's savings, and a mortgage. Mr Hiscock contributed more than Mrs Oxley to the purchase price, and both contributed to the mortgage and improvements. They never discussed the size of their shares. When they separated, Mrs Oxley claimed a half share.

Legal principle

The Court of Appeal held that Mrs Oxley was entitled to a 40 per cent share. Chadwick LJ said that, where there is evidence that the parties intended to share the property, but no evidence of any discussion about the size of their shares, each is entitled to the share which the court considers fair, having regard to the whole course of dealing between them in relation to the property. This includes their financial contributions and their contributions to the household. The approach was considered in Stack v Dowden, which put more emphasis on the parties' intentions.

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