Oxley v Hiscock

Instead she formed a new home with Mr Allan Hiscock, a First Iraq War soldier who had been captured in September 1987 at 35 Dickens Close.

At trial in the Bromley County Court, HHJ Hallon held: "The description given by the claimant, whose evidence I accept, shows that this was a classic pooling of resources, even though there was no joint bank account.

All of the evidence which I have heard clearly shows that both were evincing an intention to share the benefit and the burden of [35 Dickens Close] jointly and equally.

...from the analysis of the law and the facts in this case, it is clear that the order which the claimant sought in her notice of application is the only one that can properly be made, namely to declare that the claimant is equally entitled, with the defendant, to a half share in the proceeds of sale of the Hartley property ..."Chadwick LJ held Oxley was entitled to a 40% share on the facts, not equal in light of the difference between their initial cash contributions.

It must now be accepted that (at least in this court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property.’ Includes arrangements to meet outgoings like mortgage, council tax, utilities, repairs, insurance and housekeeping.