The Supreme Court has overturned a landmark decision in the ownership of property by an unmarried couple. Mr Kernott and Miss Jones got together in the 1980’s and went on to have two children. They shared a home, now worth £250,000, until they separated in 1993. Both names were on the Title deeds but they never married.
After their separation Mr Kernott paid nothing towards the mortgage, or towards his children’s maintenance. Last year the Court of Appeal ruled that he was entitled to 50% of the property. The Supreme Court has now overruled that Judgement awarding him just 10%. Lord Kerr, said that the original split awarded in the County Court of 10% and 90% was a “fair one between the parties”.
Mr Kernott commented: “I have been painted as this ogre who walked out on his family. I love my family, I didn’t want to leave but it was made unbearable for me to stay. It’s a sad day for men who are left in a similar position to me and it feels like the law will always side with the woman”.
The case has led to fresh calls for a change in the law to protect cohabiting couples and it has been suggested that recommendations made four years ago, which would see couples who have children together or have cohabited for more than two years gaining automatic rights to make certain claims, should be revived.
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