Kernott v Jones- Any impact on my friend?

buel

Hi,
After the recent court case where the husband left the house he shared with his wife+stopped paying his share of the mortgage and was only awarded 10% of the house, i wanted to know if this will have any impact on my friend.

His partner moved out 18 months ago after around 3 years of sharing a mortgage. She stopped paying her share shortly after moving out+is now putting pressure on my friend to sell so she can have her half of the house.
Regarding this ruling, is she still entitled to 50% please?

shortchanged_2

What do you think she should get?

Annisele

I don't think Kernott v Jones will have any impact on married couples - part of the point of that case is that the couple weren't married.

buel

It's irrelevant what i think.
My question is will it have an impact?

buel

Anissele, thank you for that.
My friend and his ex were not married. So it will have an effect then, as opposed to before the case?

Meeper

It may, or it may not.

Legal precedents are only to be relied upon if the two sets of circumstances are identical, which is never the case. How much did each partner contribute to the initial purchase, how long did they reside there together, how much did each pay towards the mortgage payment, is it even possible to quantify those numbers, was any work done to the property, who paid for such work....

You get my point.

There is no way to tell whether a particular set of circumstances will fall under a certain precedent I'm afraid, and as you seem to want a definitive "yes" or "no" answer, you won't find one. Not one that should be relied upon in any case.

Thrugelmir

buel wrote: »

Anissele, thank you for that.
My friend and his ex were not married. So it will have an effect then, as opposed to before the case?

In the case you quote. There were additional factors such as no child maintenance being paid and that joint monies were used towards purchasing another property. So wasn't as straightforward as it may appear.