header-logo header-logo

Home Login E-newsletter About us

Imaginary intentions?

© Copyright LexisNexis 2025. All Rights Reserved.
15 July 2010 / Michael Walsh
Issue: 7426 / Categories: Features , Family
printer mail-detail

Finding common intention after Kernott v Jones.
Michael Walsh reports

“This is a cautionary tale, which all unmarried couples who are contemplating the purchase of residential property as their home, and all solicitors who advise them, should study…” That was the opening warning given by Wall LJ in the recent case of Kernott v Jones [2010] EWCA Civ 578, [2010] All ER (D) 244 (May) a case that considers the division of the beneficial interest of the home of cohabitants after a long period of separation.

Facts

In 1981 Ms Jones purchased a caravan for £3,750, which was funded by a loan from her bank. In 1983 or 1984, Mr Kernott moved in with Ms Jones and they had a child. In 1985 Ms Jones sold the caravan for £8,000 and the couple bought the freehold of the property in question for £30,000. Ms Jones contributed £6,000 from the sale of the caravan and the rest of the purchase was financed by an endowment mortgage.

During their relationship Mr Kernott would give Ms Jones £100 per

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Read All
NLJ this week: Trans pool player loses discrimination fight
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
NLJ this week: Fraud claims climb as courts brace for AI threats
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
NLJ this week: Traders’ convictions quashed in Libor shock
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
NLJ this week: Small firms call for tech clarity as AI looms
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
NLJ this week: AI boom collides with courtroom reality
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Copyright © 2025 LexisNexis
back-to-top-scroll