Kernott demonstrates once again that cohabitants deserve better justice. Geraldine Morris explains why
The Court of Appeal decision in Kernott v Jones [2010] All ER (D) 244 (May) has highlighted again that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) is like an ill fitting suit for cohabitants, trying to squeeze family breakdown, with all its messiness and uncertainty, into a fundamentally arms-length civil framework.
The facts
Briefly, the facts in Kernott v Jones were as follows:
l The parties met in 1980, they did not marry and had two children. In 1985 they bought a house in joint names for £30,000, with £6,000 funded by the claimant and an interest-only mortgage supported by an endowment policy.
l The defendant gave the claimant £100 per week and from that and her own earnings the claimant paid for housekeeping, mortgage, outgoings and an insurance policy. The defendant built an extension to the property, which increased its value by 50% of the purchase price. In 1993, the parties separated.
l Following separation the claimant paid for
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