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Unmarried Couples Jointly Owned Property

Posted by: admin    Tags:      Posted date:  November 14, 2011

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It had been thought that if a property had been purchased in joint names by unmarried couples and therefore outside of divorce or civil procedure ancillary relief proceedings then the assumption was that the interest in the property would remain in joint names on an equal basis. In the recent judgement of Jones v Kernott the Supreme Court have introduced a concept of a change of common intention. In this case the male partner had not in fact lived in or contributed to the home for 14 years. The court has effectively said that a change in common intention can be inferred by conduct. Thos case may in facr follow Stack v Dowden where a party can gain an interest in a singly owned property by the inferred conduct of the parties.

Beware the Court also made it clear that each case must be decided on its own facts.