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Oxley v Hiscock | Land Law

Oxley v Hiscock [2004]

Oxley v Hiscock [2004] EWCA Civ 546 is a case in English property law which deals with the issue of how to determine the beneficial interests of cohabiting parties in a property when there is no express agreement.

Mr Hiscock and Ms Oxley were an unmarried couple who had lived together in a property that was purchased in joint names. After they separated, Ms Oxley sought a declaration that the property was owned in equal shares, while Mr Hiscock claimed that he was entitled to a larger share of the property.

The Court of Appeal established that, where there is no express agreement as to the parties' respective shares in a jointly owned property, the court must consider the whole course of dealing between the parties in relation to the property. This includes their initial contributions to the purchase price, as well as subsequent contributions such as mortgage payments, council tax, utilities, repairs, insurance, and housekeeping.

The Court held that the property was owned in unequal shares, reflecting the parties' contributions to the purchase price. Ms Oxley was entitled to a 40% share in the property based on the parties' contributions to the purchase price and subsequent mortgage payments. 

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