Skip to main content
Legal news

Court forces homeowner to give up 50% of property

Jonathan Winston Jonathan Winston
2 min read
This blog is more than 16 years old

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

This is the third time I’ve used Winston Solicitors and Sidraa has been fantastic in each. Highly proactive and responsive, clear communication and moves things along quickly. Will always be my first choice in future purchases.
D. Paige, Staffordshire
Winston Solicitors (in particular, Samantha Robertson-Strong and Aishah Zahir) were absolutely brilliant. Our case was handled perfectly from start-to-finish. We always felt we were in good hands, all of our queries were responded to quickly, and each step of the process was very well explained. We would 100% recommend this firm to everyone. Thank you so much!
T. Kirkbride, North Yorkshire
Clear precise information. Spot on and explained everything clearly. 
Anonymous, Shropshire
Very pleased with how my claim was dealt with by very friendly and helpful staff.
Anonymous, Shropshire
The service provided was excellent. My family have used your services on three occasions. In every case we have been totally satisfied.
David. B, West Yorkshire
I had no idea about the compensation claim but once I got in touch with you I was pleasantly surprised by the speed and efficiency of your service. Many thanks.
Anonymous, East Sussex
My compensation claim against the Eastwood Park Detention Centre was handled by Winston Solicitors very kindly and professionally.
Anonymous, Glamorgan
It was a sad time for me, but I'm grateful that there are people who listen. Thank you for your help in this matter.
Anonymous, Carmarthenshire
Contact us