The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of joint beneficial ownership (which presumption generally arises where there is joint legal ownership and no express declaration of trust that the co-owners should own in anything other than equal shares). (rowenameager.com)
At para 51 of their lead judgment, Lady Hale and Lord Walker set down the following principles to be applied in determining beneficial shares where a family home is held in the joint names of a cohabiting couple without the benefit of any express declaration of trust: (newlawjournal.co.uk)
In accordance with article 157, c.c., spouses can bring an end with a mutual agreement to the effects of the separation with an «express declaration», intimating that it could be made, orally or in writing by means of a public acknowledgement or private writing, of an act received from a notary or registrar. (lawyer-monthly.com)