The unmarried couple bought a property together. Mr K appealed against an award of 90% of the property to his former partner. The court was asked, whether, following Stack v Dowden, it was open to the court to find that the parties had agreed that their interests should be ambulatory and held unequally.
Held: (Jacob LJ dissenting). Mr Kernott’s appeal succeeded, and the division of 50-50 was restored.
Judges:
Wall, Jacob, Rimer LJJ
Citations:
[2010] EWCA Civ 578, [2010] WLR (D) 136, [2010] 22 EG 106, [2010] BPIR 853, [2010] 3 All ER 423, [2010] 1 WLR 2401, [2010] 2 FCR 372, [2010] Fam Law 806
Links:
Statutes:
Trusts of Land and Appointment of Trustees Act 1996 14
Jurisdiction:
England and Wales
Citing:
At High Court – Jones v Kernott ChD 10-Jul-2009
The couple were unmarried but had bought a property in joint names. Ms Jones had contributed the overwhelming share of the purchase price, and had paid all outgoings after Mr Kernott left several years ago. The County court judge had awarded J 90%, . .
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Cited – G v G (Minors: Custody appeal) CA 1985
A court should take great care before setting aside a decision of a judge which had involved the exercise of a judicial discretion. The court considered the duty of an appellate court in a children case: ‘What this court should seek to do is to . .
Cited by:
Cited – Williams v Lawrence and Another ChD 28-Jul-2011
The claimant, as trustee for the deceased’s insolvent estate, sought a declaration that a transfer of the deceased’s share in property made by the executors was void as being at an undervalue. The property was subject to a right of occupation in . .
Cited – Jones v Kernott SC 9-Nov-2011
Unmarried Couple – Equal division displaced
The parties were unmarried but had lived together. They now disputed the shares in which they had held the family home. It had been bought in joint names, but after Mr Kernott (K) left in 1993, Ms Jones (J) had made all payments on the house. She . .
Lists of cited by and citing cases may be incomplete.
Trusts, Land
Updated: 18 August 2022; Ref: scu.416103
