Kernott v Jones

Kernott v Jones

There was no evidence from the parties' conduct or statements to infer a joint intention to alter the equal beneficial interests established at separation; the presumption of equality in joint ownership was not displaced.

Parties
Appellant: Leonard Kernott; Respondent: Patricia Jones
Jurisdiction
England and Wales
Judgment Date
26 May 2010
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Joint Ownership, Beneficial Interests, Constructive Trusts, Cohabitation, Division of Property
Property Law Trusts Law Family Law Joint Ownership Beneficial Interests Constructive Trusts Cohabitation Division of Property

Case Brief

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Parties

Leonard Kernott

Appellant

Patricia Jones

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the beneficial interests in jointly owned property between unmarried cohabitants can be altered post-separation absent express agreement
  2. 2 Whether the court can infer or impute a change in beneficial interests based on conduct over time

Ratio Decidendi

There was no evidence from the parties' conduct or statements to infer a joint intention to alter the equal beneficial interests established at separation; the presumption of equality in joint ownership was not displaced.

Court Disposition

appeal allowed

Orders

  • Declaration that the parties hold the severed joint tenancy as tenants in common in equal shares