Skip to main content
Legal news

Court forces homeowner to give up 50% of property

Jonathan Winston Jonathan Winston
2 min read

The Court of Appeal has ruled that a homeowner must give up half of her interest in a property to a man with whom she last lived with 17 years ago in what the court said was a warning for those couples living together without any formal legal agreement.

Had a clean break order been made this would have prevented this action taking place.

Patricia Jones was told that her former boyfriend Leonard Kernott was entitled to 50% of the house in Essex despite the couple splitting up in 1993. She paid the deposit on the house and paid the mortgage for the eight years that they lived in the property together although he gave her money each week for expenses. When they split up he stopped making payments towards the upkeep of the property and gave her ‘little or no contribution’ in terms of maintenance towards their two children.

Two previous hearings had ruled that he was only entitled to 10% of the property but now the Court of Appeal has increased that to half. Had the couple been married their assets would have been divided up in a divorce settlement overseen by the courts.

Appeal Court Judge, Lord Justice Wall said: “This is a cautionary tale, which all unmarried couples who are contemplating the purchase of a residential property as their home, and all solicitors who advise them should study.”

http://www.dailymail.co.uk/news/article-1281640/Case-forces-judges-warn-unmarried-couples-Plan-possibility-split-up.html

More Winston Solicitors news

Client feedback

Great experience with Winston Solicitors. Communication was clear and consistent, and the work was completed quickly and efficiently. Overall, a smooth and professional service
Subiea
I am very pleased with the service I received from Winstons, this is the second time I have dealt with them for conveyancing services and on both occasions Leasa was incredibly thorough and reassured me every step of the way. When other parties failed to deliver, Leasa ensured things were chased up and delivered/received with accuracy. I would highly recommend and will be sure to use Winston's again for any future property purchases
Charis
Would highly recommend Winston's.Both Leasa and Julie were extremely professional and we recieved regular email and direct call updates.In the middle of an extremely challenging chain, they went above and beyond and became intermediary's liasing with everyone else in order to get the conveyancing completed on time.Thanks again for a great service.Regards
Richard
My conveyancer Samantha and her associate Michelle kept me informed of the progress of my sale throughout the transaction. It was of benefit to me that the Winston office was local with plenty of parking. I would recommend them for any conveyancing
Ms H
Winston’s acted for us with our house sale and onward purchase. They have been excellent from start to finish. Leasa is extremely quick to respond to emails and more than happy to answer any questions. The online system is very efficient and helps keep you up to date with progress of the sale/purchase. Leasa and her team made the whole process so much less stressful than it could’ve been and we can’t thank them enough. We wouldn’t hesitate to recommend them.
Lucy
Teresa and Judith assisted with my recent divorce and i cannot rate them highly enough, i was talked through every aspect and everything was explained in full and i was kept fully updated and imformed of everything that i needed to do and when it was required for. Their patience when i was working away and understanding was especially appreciated.Once that was all complete Amanda and Samantha and the convayensing team sorted the transfer of the house and the paperwork associated with that.I would highly recommend them and thier company for any legal issues you have and would use thier services again without hesitation.
Richard J
Special praise for Emily Spencer ,who is more than efficient , very thorough in her work and I am sure , a very good member of the Winstons team ! Well done her ( plus Jeremy re our registration with the Land Registry .!)
Stuart
A helpful and thorough service that meant I felt confident that the house sale would be handled well.
Helen
Contact Jonathan