Family Law Property Rights For Unmarried Couples Remain Uncertain

Family lawyers have urged the Government to consider clarifying the law concerning property rights for unmarried couples. The case of Kernott -v- Jones went all the way to the Supreme Court recently for a fairly simple decision on division of property. This cannot be right and there needs to be clarification of the law. This is also not a big celebrity case. Mr Kernott was an ice cream vendor until recently being taken ill and Miss Jones a hairdresser.

They shared a house in Thundersley in Essex for eight years before splitting up. They were joint owners and had a joint mortgage. Mr Kernott moved out because of a breakdown in their relationship which he says was making his life unbearable. He left behind the property and his two children, who are now in their twenties. That all happened nearly twenty years ago and Mr Kernott was seeking to recover his capital from the property. In the meantime Miss Jones had been paying all the costs although prior to this Mr Kernott had refurbished the house and paid the mortgage and bills when he was there.

The Supreme Court ultimately overturned a decision by the Court of Appeal which had given Mr Kernott a 50% interest. The Supreme Court concluded that a 10% interest was sufficient. Mr Kernott had hoped for 25% and commented that “it was a sad day for men who are left in a similar position and feel that the law will always be on the side of the woman. I am battling a serious illness and that is more important to me right now. I just want to put all this behind me.”

This case has been rumbling on now for three years. The problem is of course that property rights for unmarried couples are so uncertain having to rely on largely case law which is often dependent on facts and the personalities involved.

However, the nature of the family law is such that whilst Government legislation might bring some clarity and avoid such cases going to the Supreme Court and indeed running for three years, the Court’s decisions will always be affected by the position of the individuals involved and particularly whether they are caring for children.

If you are going through a separation and whether you are married or unmarried you need to seek legal advice from us at an early stage to avoid the pitfalls and to achieve an equitable division. Call 0161 839 2626 and ask for Neil Grunfeld who will be happy to advise you by telephone on the basic position.