Lessons to be learned for cohabitation cases in England, says Lady Hale in Supreme Court Scottish case – Family Law Week

Posted July 5th, 2012 in cohabitation, financial provision, news, Supreme Court by sally

“In Gow v Grant [2012] UKSC 29, a Scottish cohabitation case, heard in the Supreme Court, Barnoness Hale has said that lessons can be learned in England and Wales from the practicability and fairness provided by Scottish legislation.”

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Family Law Week, 5th July 2012

Source: www.familylawweek.com

Cohabitation and Trusts of Land Update – Zenith Chambers

Posted July 3rd, 2012 in cohabitation, land registration, news, trusts by sally

“The purpose of this article is to consider the law of constructive trusts following Jones v. Kernott [2011] UKSC 53, judgment given on 9th November 2011, insofar as it relates to the purchase of property primarily by cohabitants.”

Full story (PDF)

Zenith Chambers, 27th June 2012

Source: www.zenithchambers.co.uk

Cohabitees’ Property – All Clear Now? – Hardwicke Chambers

Posted February 8th, 2012 in appeals, cohabitation, mortgages, news by sally

“It is only a short time ago since the House of Lords was asked to consider the issue of beneficial interests of an unmarried couple in Stack v Dowden. The recent decision of the Supreme Court in Jones v Kernott highlights again the ongoing problems that can arise when unmarried couples separate and there is no clear agreement as to the ownership of their property interests.”

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Hardwicke Chambers, 2nd February 2012

Source: www.hardwicke.co.uk

Unmarried couples ‘should have equal inheritance rights’ – The Guardian

Posted December 15th, 2011 in bills, cohabitation, intestacy, Law Commission, news, reports by sally

“Unmarried couples who have lived together for five years or more should be able to inherit from each other without writing a will, the Law Commission has recommended.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

Unmarried couples should have inheritance rights, say law advisers – Daily Telegraph

Posted December 14th, 2011 in cohabitation, equality, families, intestacy, news, wills by sally

“Unmarried couples who live together for five years will automatically take their partner’s entire estate if they die without a will, under proposals from the Government’s law advisers.”

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Daily Telegraph, 14th December 2011

Source: www.telegraph.co.uk

Supreme Court’s ruling on cohabitees welcomed – Law Society’s Gazette

Posted November 17th, 2011 in cohabitation, news, Supreme Court by tracey

“Family lawyers have welcomed the Supreme Court’s landmark judgment on the division of assets between former cohabiting couples – but say the case highlights the need for law reform.”

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Law Society’s Gazette, 17th November 2011

Source: www.lawgazette.co.uk

Judgment of the Supreme Court in Jones v Kernott [2011] UKSC 53 – Hardwicke Chambers

Posted November 14th, 2011 in cohabitation, mortgages, news by sally

“How should the court approach the determination of the beneficial interests in a property acquired in joint names by an unmarried couple? The Court of Appeal had held the decision of the House of Lords in Stack v Dowden did not allow the court to impute to the parties an intention that they would divide their beneficial interest in their property fairly. The Supreme Court revisited the decision in Stack v Dowden and disagreed with the Court of Appeal: If the presumption of joint beneficial ownership is rebutted, the court can, in the absence of finding any intention as to the shares, impute to the parties an intention that their beneficial interest would be divided in a manner that the court considers fair.”

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Hardwicke Chambers, 9th November 2011

Source: www.hardwicke.co.uk

Cohabitees’ property rights: still as clear as mud – The Guardian

Posted November 10th, 2011 in cohabitation, mortgages, news, precedent, Supreme Court by sally

“The Jones v Kernott judgment does little to resolve the grey area of ex-cohabitees’ entitlements to a share in their former home.”

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The Guardian, 10th November 2011

Source: www.guardian.co.uk

Jones v Kernott – WLR Daily

Posted November 10th, 2011 in cohabitation, law reports, mortgages, Supreme Court by sally

Jones v Kernott [2011] UKSC 53; [2011] WLR (D) 321

“When a cohabiting couple bought a family home in their joint names and were both responsible for the mortgage, but without any express declaration as to their beneficial interests, the starting point was that equity followed the law so that the presumption was that they were joint tenants both in law and in equity. That presumption could be displaced by showing that the parties had a different common intention at the time when they acquired the home or that they later formed a common intention that their respective shares would change. Their common intention was to be deduced objectively from their conduct. If it was clear that the parties did not intend joint tenancy at the outset or had changed their original intention, but it was not possible to ascertain, whether by direct evidence or by inference, what their actual intention was as to the shares in which they owned the property, each was entitled to that share which the court considered fair, having regard to the whole course of the dealing between them in relation to the property.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Lawyers call for couples law reform – The Independent

Posted November 9th, 2011 in cohabitation, mortgages, news, Supreme Court by tracey

” Lawyers called today for new legislation on ‘co-habiting couples’ after the UK’s highest court ruled that a man who left his partner nearly 20 years ago was not entitled to half the value of the house they shared.”

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The Independent, 9th November 2011

Source: www.independent.co.uk

Court rules on property rights for unmarried couples – The Guardian

Posted November 9th, 2011 in cohabitation, mortgages, news by tracey

“The property rights of millions of unmarried couples who split up have been clarified by a supreme court judgment that has awarded the overwhelming share of a bungalow in Essex to the woman.”

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The Guardian, 9th November 2011

Source: www.guardian.co.uk

Statement on the Government’s response to our Cohabitation report – Law Commission

Posted September 9th, 2011 in cohabitation, press releases, reports by tracey

“Statement on the Government’s response to our Cohabitation report.”

Full press release

Law Commission, 6th September 2011

Source: www.justice.gov.uk/lawcommission

Judge demands review of damaging divorce laws – Daily Telegraph

Posted May 12th, 2011 in children, cohabitation, divorce, families, judges, news by sally

“Outdated family laws have fuelled an ‘alarming’ rise in marital breakdown, causing ‘profound’ damage to millions of children, a High Court judge has warned.”

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Daily Telegraph, 11th May 2011

Source: www.telegraph.co.uk

Couple await supreme court decision over sale of house they shared – The Guardian

Posted May 5th, 2011 in cohabitation, domicile, news, Supreme Court by sally

“A bungalow in Essex is at the heart of a test case over how unmarried partners who split up should divide their property.”

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The Guardian, 4th May 2011

Source: www.guardian.co.uk

Court to rule on unmarried couples’ property rights – BBC News

Posted May 4th, 2011 in cohabitation, divorce, matrimonial home, news, precedent by sally

“The Supreme Court is hearing a case which could have a dramatic effect on the property rights of unmarried couples who split up.”

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BBC News, 4th May 2011

Source: www.bbc.co.uk

Unmarried couples who split should get new legal rights, top judge says – Daily Telegraph

Posted February 3rd, 2011 in cohabitation, news by sally

“Cohabiting couples who split up should get new legal rights to share property and money, according to Britain’s most senior family judge.”

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Daily Telegraph, 3rd February 2011

Source: www.telegraph.co.uk

Lawyers see ‘explosion’ in cohabitation cases – Law Society’s Gazette

Posted August 6th, 2010 in cohabitation, news by sally

“The recession has caused an ‘explosion’ in the number of cohabiting couples seeking advice on relationship breakdown, according to family lawyers who have called for the ‘complex’ laws applied to them to be updated.”

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Law Society’s Gazette, 6th August 2010

Source: www.lawgazette.co.uk

Jones v Kernott – WLR Daily

Posted June 2nd, 2010 in appeals, cohabitation, law reports by sally

Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 13

“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jones v Kernott – WLR Daily

Posted May 28th, 2010 in appeals, cohabitation, domicile, law reports by sally

Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 136

“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cohabiting couples share property rights – The Independent

Posted May 27th, 2010 in appeals, cohabitation, domicile, news by sally

“Unmarried couples who buy homes together could be entitled to an equal share of the property if they split up even if only one party has paid the mortgage and maintained the home, the appeal court ruled yesterday.”

Full story

The Independent, 27th May 2010

Source: www.independent.co.uk