Mother must give up half of her house to the lover who left 17 years ago

Published 27th May 2010

A homeowner was yesterday ordered to give her ex-lover half the value of her £245,000 house, 17 years after they split and despite him never making a mortgage payment on it.

Patricia Jones, 55, was told that despite the time lapse her former boyfriend was entitled to 50 per cent of the three-bedroom home.

The Court of Appeal branded the case ‘a cautionary tale’ for unmarried couples who buy property together without making formal legal agreements.

Had the couple been married and split up, their assets would have been divided in a divorce settlement overseen by the courts.

Three senior judges heard that Miss Jones paid the deposit on the house when she bought it with her then-boyfriend, ice cream salesman Leonard Kernott, in 1985.

She also paid the mortgage for the eight years that they lived together, although Mr Kernott gave her £100 a week towards ‘expenses’.

He moved out in 1993, when the couple split up, and stopped making any payments towards the upkeep of the semi-detached bungalow.

He also gave her ‘little or no contribution’ to help raise their daughter Lauren, now 25, and son Dean, 23, the court was told.

But in 2008 he made a legal application for 50 per cent of the value of the house, and yesterday the Court of Appeal ruled in his favour.

Two previous court hearings had ruled he was only entitled to 10 per cent of the bungalow, in Thundersley, near Southend-on-Sea, Essex.

Appeal Court judge Lord Justice Wall said: ‘This is a cautionary tale, which all unmarried couples who are contemplating the purchase of a residential property as their home, and all solicitors who advise them, should study.’

A previous court hearing was told that Miss Jones, a hairdresser, had paid more than 81 per cent of the mortgage, and a 20 per cent deposit.

After they broke up, the couple cashed in a joint life insurance policy and Mr Kernott used the money to buy a house in nearby Benfleet, which is now worth £205,000.

The Appeal Court said Miss Jones was not entitled to any of his house, as it was bought after they split up, but ruled that he was entitled to half of their former home - a share worth more than £109,000 once the mortgage has been paid.

Sir Nicholas, sitting with two other judges, said the couple bought the Thundersley house in both their names and had agreed then that it belonged to both of them.

He said: ‘The purchase of residential accommodation is perhaps the single most important financial transaction which any individual transacts in a lifetime.Cohabiting partners must contemplate and address the unthinkable, namely that their relationship will break down and that they will fall out over what they do or do not own.’

Miss Jones was told she could take the case to the Supreme Court if she wanted to appeal, but said she had already spent £15,000 fighting her ex-partner in the courts.

She added: ‘I feel like crying, especially as I won the first two cases, where he was awarded 10 per cent.

‘He’ll want me to sell up now so he can have his money. That’s what he’s wanted from day one.’

Mr Kernott, who drives a 1999 dark blue S-type Jaguar, said he did want Miss Jones to sell the house, so he could pay for renovations on the bungalow where he now lives with his new partner.

He insisted he was the breadwinner when they lived together, but claimed he was ‘kicked out’ of the Thundersley home after he discovered Miss Jones had had an affair.

‘She’s making it sound like I deserted her and then came back for my share of the house,’ he said.

‘It’s nothing like that. She wasn’t working when I lived there and I put money into her account which she used to pay for the mortgage and everything. I’m just getting my fair share.

'It shouldn’t have gone this far. It’s just one of those sad things you have to go through.

‘I’m pleased with the result but I’m not going to gloat. She is the mother of my two children. The only winners are the lawyers.’

The couple’s son Dean, a supermarket worker, said both his parents were at fault, adding: ‘They’re wasting a lot of money fighting each other. They’re both stubborn.’

Source: ' Daily Mail '

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