Jones v Kernott [2009] EWHC 1713 (Ch); [2009] WTLR 1771; [2010] EWCA Civ 578; [2010] WTLR 1583; [2011] UKSC 53; [2012] WTLR 125 – Page 4 – Law Journals

Co-Ownership: Breaking up is hard to do

Ben Gildea considers the current position in respect of how a person’s entitlement to the equitable interest in a property may be ascertained following a leading Supreme Court decision. ‘From now on, a party may argue that the terms on which their equitable interests are held have changed over time.’ In Britain, there are more …

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Trusts: Clear intentions

Caroline Watson and Matthew Feldman discuss the impact of Jones v Kernott in cases where there is an express declaration of beneficial interests ‘The question now being asked by practitioners up and down the country is whether the judiciary will again be prepared to step in to clarify the law in cases where there is …

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Cohabitants: Clear intentions

Ellie Foster summarises the Supreme Court decision in Jones v Kernott and considers its impact ‘There is a real practical difficulty when it comes to analysing the respective contributions made to a property over a long period of cohabitation.’ The Supreme Court has been tasked with an unusually high amount of family work in recent …

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Trusts: Different rules

Luke Barnes highlights the cohabitant cases that fall outside of the judgment in Jones v Kernott and the applicable case law ‘The claimant in sole name cases continues to face a stern test to establish a beneficial interest by virtue of an inferred common intention. In particular, it continues to be unclear what conduct may …

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Co-Habitation: Buyer beware

Graeme Fraser and Adam Colenso explain the nature and timing of advice that residential property lawyers should provide to cohabitant buyers in light of Jones v Kernott and the SRA Code of Conduct 2011. ‘Jones v Kernott [2011] illustrates the serious problems that can arise when cohabitant purchasers do not enter into an adequate declaration …

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Co-Ownership: A new approach to beneficial entitlement?

Mark Pawlowski provides an update on Jones v Kernott and its consequences for constructive trusts and the home ‘In Kernott v Jones, it was not in dispute that the parties had held the beneficial interest in the house in equal shares: the question for determination was whether, and if so to what extent, their respective …

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