Supreme Court to rule on property rights in relation to unmarried couples

Kernott –v- Jones

The Supreme Court is hearing a case today on the difficult subject of unmarried couples’ property rights.

In 1985, the parties purchased a property using the proceeds of sale from Ms Jones former home. They lived together until they separated in 1993. Mr Kernott left the property, and Ms Jones continued to pay the mortgage for the next 13 years together with payments relating to the upkeep of the property. Mr Kernott made no contribution.

In 2006, Mr Kernott sought to realise his interest in the property. Ms Jones then turned to the courts to determine each party’s interest in the property. On the first hearing, the Court held that Ms Jones had a 90% interest in the property, and Mr Kernott held the remaining 10%. Mr Kernott appealed the decision. The Court of Appeal overturned the decision, and awarded both parties 50% of the property. The Court of Appeal’s reasoning was that the property had originally been held on trust by the parties as joint tenants in equal shares.

Ms Jones in turn appealed to the Supreme Court. The Supreme Court’s Judgment is eagerly awaited, as it will have an effect on many people in a similar situation.