This is an interesting case for cohabitees - Barnes v Phillips [2015] EWCA Civ 1056 . This appeal judgment concerned the purchase of a property by cohabitees with no express declaration of trust (i.e. the same scenario as in Stack v Dowden and Jones v Kernott).

A cohabiting couple who bought a house as joint tenants with equal shares have ended up with one party owning 85 per cent of the equity, although no express declaration to vary beneficial ownership was ever made. The England & Wales Court of Appeal decided that unequal cash distributions made to the two parties when the property was re-mortgaged demonstrated a change to the original intention to hold equal shares.