Court Rules On Unmarried Couples' Property Rights

Judgment giving 90% of house to woman who paid mortgage for 13 years has implications for millions of unmarried couples in England and Wales. A Supreme Court judgment this week, which awarded Patricia Jones the overwhelming share of an Essex bungalow, has redefined the property rights of unmarried couples and has triggered calls for legal reform. Patricia Jones was challenging a Court of Appeal ruling which gave her former partner Mr Kernott an equal share of the home's value.

The decision by 5 Supreme Court Justices makes it clear that even though a property is registered in joint names , judges are permitted to substitute a fairer division of the shares in the property. In this case, the couple bought a house in 1985 in joint names and took out a joint mortgage The parties separated in 1993 after sharing the home for 8 years. When Mr Kernott moved out, Ms Jones continued to pay the mortgage. The highest court in the UK decided Leonard Kernott was entitled to only 10% of the property's equity – which was £240,000 in 2008. The...