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Cohabitee not entitled to 50% of home

A man who left his partner nearly 20 years ago is not entitled to half the value of the house they had shared, the Supreme Court has ruled.

During a hearing in May, the Supreme Court heard that ice-cream salesman Mr Kernott, 51, and Ms Jones, 56, broke up in 1993 after sharing the house in Thundersley for eight years.

The couple bought the house in 1985 in joint names and took out a joint mortgage. It was valued at £240,000 in 2008.

When Mr Kernott moved out, Ms Jones continued to pay the mortgage.

Last year the Court of Appeal decided that Mr Kernott was still entitled to half the value of the house because the couple owned equal shares when they separated and neither had done anything to change the situation since.

But Supreme Court judge Lord Kerr said that the split of 90% and 10% originally imposed by a county court judge was “a fair one between the parties”.

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This post was written by Mark Keenan. Editor of the Divorce Online Blog and Managing Director of Online Legal Service Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.

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