Briefing

The Supreme Court judgment in Jones v Kernott on Wednesday highlights the problems that can face unmarried couples who purchase a home together if they do not document the shares in which they intend to own the property.  Whilst the judgment provides much needed clarity, it can leave cohabitants at the mercy of a discretionary outcome, which can lead to a potentially arbitrary result.

 The solution for cohabitants is to ensure that they ask a lawyer to prepare a declaration of trust at the time that they purchase the property setting out the proportions owned by each of them.  If their circumstances change, this should be reviewed and, if necessary, changed.

 This briefing examines the judgment and the lessons to be learnt in more detail.