Supreme Court rules in Jones v Kernott unmarried couple case

Nov. 9, 2011 - PRLog -- The warning comes after the Supreme Court today ruled that a man who left his partner almost 20 years ago was not entitled to half the value of the home they shared, and was instead entitled to just 10%.

Leonard Kernott and Patricia Jones had owned a bungalow in joint names but had never married. When they broke up, he left the property. Patricia claimed she was entitled to more because she had paid the deposit at the outset and then mortgage payments for 13 years after Leonard Kernott left. However he had, while they were living together, paid the mortgage and added an extension to the property which increased its value substantially.

Today the Supreme Court has ruled that the value of the home should be split 90/10 in favour of Patricia Jones and Supreme Court judge Lord Kerr commented that it was "a fair one between the parties".

Mike Devlin, managing partner of the Family department at North West law firm, Stephensons Solicitors LLP, said: “This case highlights the legal tangles that unmarried couples can find themselves in when they separate and are forced to deal with dividing the assets.

“Unlike married couples, unmarried cohabiters have no specific rights over shared property, even when children are concerned. It’s estimated there are two million unmarried couples living together in the country at present.

“This is a decision aimed at bringing about a fair distribution of the joint assets of a cohabiting couple, having regard to the actual contributions of each party.

“It is likely to have enormous implications for couples not only in this country but also worldwide. It may also be seen to dilute the significance of marriage/civil partnerships by allowing the courts to adjust beneficial interests in property in a manner similar to married couples.”

Stephensons’ Family team is the largest in the North West, with almost 90 staff dedicated to providing a leading family law practice which advises children, separating couples, parents in adoption cases and contact proceedings, grandparents, guardians and other interested parties in the entire range of family law situations.

For more information on Stephensons’ family law services, call 0800 073 1324 or log on to http://www.stephensons.co.uk/familyline for more information.

About Stephensons:

The latest editions of Legal 500 and Chambers UK recommend the Family department at Stephensons.
   Stephensons has 30 partners and more than 350 staff across a network of offices in Manchester, Wigan, Bolton, Leigh and St Helens.
   For more information visit http://www.stephensons.co.uk/familyline

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Stephensons Solicitors LLP are a full service Law firm Based in Manchester and the North West, with offices in Bolton, Leigh, St Helens and Wigan.