Property solicitors essential for unmarried couples following Supreme Court ruling

A county court judgement supporting a court's right to decide the fairest way of dividing property when cohabiting couples split up has been restored by the Supreme Court.

The ruling in Jones v Kernott has affirmed that in the event that cohabiting couples separate, it falls to judges to determine the division of assets.

Ms Jones and Mr Kernott bought a house in 1985 and cohabited until Mr Kernott moved out in 1993.

Upon Mr Kernott's departure from the property he made no further contributions and bought his own home when the former couple cashed in a joint life insurance policy.

In 2006 Mr Kernott sought to claim his interest in the joint property, causing Ms Jones to begin county court proceedings, claiming that if her former partner was a joint beneficiary of her house then she also had claim to his new property.

The county court ruled that Ms Jones owned 90 per cent of the original house. Mr Kernott appealed this decision, which was reinforced by the Supreme Court.

Unmarried couples must ensure that they have an agreement over the division of property in the event of a separation, or, failing that, seek legal advice.

Despite calls for revisions of the law, unmarried couples are yet to enjoy the same rights as their married counterparts.

Published by Phil Hammond