RUGBY Offices

Private Client Department, Address: 16 Church Street, RUGBY, CV21 3PW, Telephone: + 44 (0) 1788 579 579, Fax: +44 (0) 1788 570 949

Conveyancing Department, Address: 26 Regent Street, RUGBY, CV21 2PS, Telephone: + 44 (0) 1788 551 611, Fax: + 44 (0) 1788 551 597

Commercial/ Wills, Trusts & Probate Departments, Address: The Robbins Building, 25 Albert Street, RUGBY, CV21 2SD, Telephone: + 44 (0) 1788 579 579, Fax: + 44 (0) 1788 552 888

LONDON Offices

2nd Floor Berkeley Square House, Berkeley Square, London, W1J 6BD, Telephone enquiries: +44 (0) 2078876590, Fax number: +44 (0) 207 8876001

BANBURY Offices

Strathmore House, Waterperry Court, Middleton Road, BANBURY, OX16 4QD, General Telephone enquires: + 44 (0) 1295 270999

Supreme Court rules on property rights for unmarried couples

The Supreme Court has ruled that a man who left his partner nearly 20 years ago is not entitled to half of the value of the house that they shared.  This is a landmark ruling, given that there are believed to be more than 2 million unmarried couples living together in England and Wales.

The parties in the case of Kernott v Jones had purchased a house together in 1985.  They separated in 1993, although Ms Jones remained in the property and continued to pay the mortgage.  In 2006, Mr Kernott then tried to realise his interest in the property.  The Supreme Court ruled that Mr Kernott only had an entitlement to 10% of the value of the property.  Lord Kerr said today that the split of 90 per cent and 10 per cent originally imposed by a county court judge was ‘a fair one between the parties’.

Despite this ruling, the outcome of each case will depend upon the facts and the law still remains unclear.  Unmarried couples who are planning on living together are urged to draw up a Cohabitation Agreement, which is a legally biding document, and outlines their property rights in the event that they should separate in the future.  There is the risk of costly Court proceedings if the parties separate and have not entered into a Cohabitation agreement. 

If you would like specialist advice in relation to this complex area of law, then please contact a member of our Family Department, who will be happy to assist.


The level of service is unsurpassed. The website is a model. The services provided range from simple online divorces through a user-friendly interface at competitive cost to complex high value ancillary relief matters. The firm's staff are all warm, welcoming, helpful and knowledgeable. The lawyers are friendly and approachable, fully up-to-date, and demonstrate an ability to communicate their expertise and advise in plain English. They intelligently seek solutions, and do everything possible to avoid conflict and minimise costs exposure for clients. Their response times are excellent, and the standard of correspondence and other written work the highest. They enjoy excellent relationships with professional colleagues and select the best and most appropriate experts.