After buying jointly in equal shares and then separating, the Court awarded Mr Kernott only a 10 per cent share of the property that he owned jointly with his former partner, Miss Jones.
The Supreme Court agreed with the trial judge saying that, “if the parties don’t spell it out what they intend, the courts can do it for them”.
Relationship Breakdown
The parties bought in 1985 for £35,000. Having had children, they separated in 1993. Mr Kernott made no further contribution to either the property or the children, but then in 2007 agitated for the property to be sold at a time when it had risen in value to over £230,000. As you might expect, the parties could not agree on what they were each entitled to.
The lead judgment indicates that the presumption of equal ownership can be rebutted by evidence if it ceased to be the common intention of the parties: in which event, the courts can then rewrite the parties’ agreement or common intention along lines which the parties might never have expected or intended.
Pre-marriage Agreements
Given that one in six couples now cohabit (and the numbers are rising), it’s time to take stock if you are buying a property together or have just bought, in which case, have a written agreement as to who gets what, and what your obligations are. Consider what is to happen if you were to part, or pray for legislative reform, because the case is probably here to stay.
