After separation, how do judges justify how the co-owned home is divided? asks Rowena Meager
The recent case of Jones v Kernott [2009] EWHC 1713 (Ch), [2009] All ER (D) 123 (Jul) concerned a claim by Ms Jones under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) for the determination of the beneficial ownership of two properties, 39 Badger Hall Avenue and 114 Stanley Road.
Facts of the case
Ms Jones and Mr Kernott formed a relationship in 1980. In 1985 they jointly purchased 39 Badger Hall Avenue for £30,000.
Ms Jones contributed £6,000 and the balance was funded by way of an interest only mortgage, supported by an endowment policy. The property was conveyed into their joint names.
The following year a further loan of £2,000 was taken out to fund an extension to the property which was built and paid for largely by Mr Kernott.
This enhanced the value of the property by almost 50%, from about £30,000 to £44,000. Ms Jones and Mr Kernott shared the household expenses including
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