The latest Law Commission report points to confusion about what happens to the estate of a deceased person who dies intestate, whether married or unmarried. I know about the injustices that can occur all too well. A few years ago I acted for a very pleasant man who was getting divorced. He went on to buy a property with his new partner. The man and his partner were unaware that on his death, a claim could be made against his share of the house on behalf of his children. So what happened next?
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Earlier today I appeared on BBC Breakfast, to discuss the Supreme Court’s ruling in Kernott v Jones. Accompanying me on the sofa was Patricia Jones, whose appeal against the decision to award her former partner half the value of their jointly-owned property was upheld by the five Supreme Court justices who heard the case. Of course, I am not the only lawyer to have blogged about Kernott v Jones this week.
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I wrote about the possible outcome of the Kernott v Jones case yesterday after reading the Court of Appeal judgment in the case, and noting Lord Justice Jacob’s dissenting judgment. I couldn’t see any reason to fault his argument, which made a lot of sense.
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The long-awaited judgment in the case of Kernott v Jones is to be handed down by the Supreme Court tomorrow. In the case itself, not a lot of money was ever involved. However the legal principles have taxed some of the most brilliant legal brains in the country.
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Earlier today I appeared on BBC Radio 4’s Woman’s Hour, alongside Harry Benson of the Bristol Community Family Trust, to discuss cohabitation and the Government’s abandonment of plans to give cohabiting couples greater legal protection. If you are a first-time visitor to this blog after listening to the programme: welcome! As you will know already, this latest development is a controversial one.
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This is a slightly expanded version of my latest post for The Times, which appears on The Experts blog today.
In 2005, the Government asked the Law Commission to report on possible changes to the …
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“A Tale of Two Fathers”, reveals that although fathers who live with their children are likely to participate more fully in their lives, the proportion of children who live apart from their fathers has soared.
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The case of Kernott v Jones is being hailed by some family lawyers as, potentially, the “new White”: a reference to the ground breaking case of White v White, heard by the House of Lords in 2000, which radically altered the landscape for divorce settlements.
Kernott v Jones is a cohabitants’ property dispute. In 1985 the parties purchased a property in joint names. The deposit was paid by …
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Lord Justice Wall, the President of the Family Division, has said that cohabiting couples who split up should have legal rights to a possible share of property and money.
In an interview with Frances Gibb of The Times and published today, Sir Nicholas Wall notes:
“Women cohabitees, in particular, are severely disadvantaged by being unable to claim maintenance and having their property rights …
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The latest report from the Centre for Social Justice
Have you seen the latest report from the Centre for Social Justice? I am no fan of this right-wing think tank, founded by Iain Duncan Smith MP, …
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1 October 2010
Cohabitation is a complex area of family law and one that becomes more confused and murky by the week. Take property ownership. Very often cohabiting couples do not equally hold property, with one …
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30 June 2010
A blog reader enquired recently about the cohabitation legislation in Australia, asking: “Are you familiar with it and its effects and what is your opinion?” This was an interesting request, so I asked Jennifer Hollyer, a talented trainee …
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JK Rowling makes a very sympathetic case in The Times for the plight of lone parent families living on benefits. If she wasn’t known to be such a great friend and supporter of the Labour Party …
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Today I appeared on BBC Radio 4 Woman’s Hour in a debate with Baroness Ruth Deech about the subject of cohabitation.
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9 November 2009
I have a personal interest in the Law Commission’s proposals to revamp the law for cohabiting couples, which would give cohabitees the same rights on death as married couples. As a cohabitee of almost six years, who has only recently agreed to make an honest man of her partner, would I be better off “living over the brush” – or is marriage a safer place to be?
The answer is clear. …
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