Hayley Trim's Analysis: Jones v Kernott – A not-so-common intention

I am not going to regurgitate the facts of Jones v Kernott [2011] UKSC 53 which although unusual are now well known and a summary can be found here. The judgment of the Supreme Court was handed down on 9 November the Court unanimously allowing Ms Jones' appeal and restoring the trial judge's order.

The Court was in agreement as to the principles to apply:

1. Where a couple jointly owns a property the starting point is that they are beneficial joint tenants in the absence of any express declaration of trust to the contrary.

2. This presumption of equal shares can be displaced if it can be shown that the parties had a different common intention at the time of purchase or if their intention subsequently changed.

3. That common intention is to...

Read the full article here.