Supreme Court Judgement on Cohabitants


The Supreme Court has recently been considering the issue of the division of a family home when a cohabiting couple separates in the case of Jones –v-Kernott.  For many years family lawyers have been asking for clarification on this area of law.

Some have argued that the outcome of the case was fair, but there is still a lack of practical guidance for cohabitants.  Now the Supreme Court has delivered the Judgment, lawyers had hoped this area of law would become more straightforward; however it is questionable whether the Judgement has provided this simplicity after all.

David Allison, Chair of Resolution (a society for Family Lawyers), said: “Whilst we welcome today’s Judgment, the fact that it has taken four different hearings in four different places to determine the outcome highlights that the law for cohabitants is a mess and is in urgent need of reform.”

Dividing the family home can be very complex and we would therefore recommend coming to see a family law solicitor for specific advice at the early stage of your dispute. Please contact our Family Law team to make an initial appointment.

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