Jones v Kernott [2011] UKSC 53

Abstract

This paper examines the Supreme Court decision in Jones v Kernott and its subsequent impact on Trust Law and beneficial interests in the family home. It considers the extent to which a dual regime currently exists between sole and joint legal owners, particularly in the context of cohabiting couples, and examines the extent to which the courts are now able to impute an intention in common intent constructive trusts.

Keywords:

• cohabitation
• joint ownership
• family home
• constructive trusts
• common intention

Acknowledgements

I am grateful for the help that I received whilst writing this article from Professor Anne Barlow and Kitrina Bevan.