Stowe Family Law: Marilyn Stowe on BBC Breakfast

What are the implications for ordinary couples of the landmark Supreme Court decision in the case of Kernott v Jones? Marilyn Stowe, the Senior Partner at Stowe Family Law, the country's largest specialist family law firm, appeared on BBC Breakfast on Thursday 10 November 2011 to provide some answers.

Accompanying Marilyn Stowe on the BBC Breakfast sofa was Patricia Jones, whose appeal was upheld by the Supreme Court.

The facts of the case are as follows: Mr Kernott and Ms Jones began living together in 1983 and had two children. In 1985 they jointly bought a home together for £30,000. Ms Jones paid the £6,000 deposit, and the rest was obtained with a mortgage. At that stage she should have protected herself by having a declaration of trust drawn up, and perhaps that would have avoided the subsequent legal battle, but it didn't happen.

Mr Kernott paid for a property extension, which increased the value of the property by £10,000. The couple added a further £2,000 to the mortgage.
Mr Kernott and Ms Jones split up in 1993. At that point both parties beneficially owned the property in equal shares. They also shared the proceeds of an endowment policy equally.

Fourteen years passed. Mr Kernott bought another home for himself. Ms Jones, who remained living in the original property, paid all of the outgoings on the property. She also raised the couple's two children without any contribution from Mr Jones.

In 2007, Mr Kernott sought to obtain his 50 per cent share of the original property. The Supreme Court ruled that he was entitled to just 10 per cent.

If you have a question and it is not covered in this clip, you can always contact the firm directly (01423 532600 / www.stowefamilylaw.co.uk) or visit Senior Partner Marilyn Stowe's blog (www.marilynstowe.co.uk) for further information.

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News & Politics

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• Family Law
• Marilyn Stowe
• Stowe Family Law
• cohabitation
• cohabiting couples
• legal rights