Laskar v Laskar [2008]

Laskar v Laskar [2008] EWCA Civ 347 addressed the application of the Stack v Dowden presumption in situations where co-owned land was acquired as an investment, even by family members. The judgment, with Neuberger LJ delivering the principal judgment, clarified that in the context of investment properties, the Stack v Dowden presumption may not apply or can be readily departed from based on the circumstances.

A mother desired to purchase the property she was occupying as a tenant. Financial constraints led her to seek assistance from one of her daughters, who agreed to contribute to the purchase price. The property was legally held by them as joint tenants, and there were no explicit discussions regarding beneficial ownership. Both parties accepted joint responsibility under the mortgage.

The Court of Appeal, in its judgment, determined that the parties were equitable tenants in common. Despite the familial relationship, the property had been acquired as an investment, and either the Stack v Dowden presumption did not apply or it was effectively rebutted by the facts.

The resulting trust approach was adopted, and the daughter was deemed entitled to one-third of the equity, while the mother was entitled to two-thirds. The court considered the joint liability under the mortgage, treating each party as having contributed half of the mortgage advance. Additionally, the property had been purchased at a discount, to which the mother was entitled as the former tenant of the local authority. This discount was factored into the resulting trust calculation, treated as a contribution by the mother.

The case highlights the flexibility of the courts in departing from the Stack presumption when dealing with co-owned land acquired for investment purposes, even within family relationships. The resulting trust approach allows for a more nuanced assessment of the parties' intentions and contributions, considering factors such as joint mortgage liability and any discounts applied during the property acquisition. Laskar v Laskar serves as a precedent for recognising the distinct considerations in investment property scenarios, departing from the presumptions applied to family homes under the Stack v Dowden principles.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.