New five-point test asks courts to look for evidence of intention or 'fair
share'
The Supreme Court has allowed the
appeal by a former cohabitee that she should get 90 per
cent of the former couple’s home, restoring the trial judge’s decision to
depart from the traditional assumption that interest in the property should
be split 50-50.
Giving the lead judgment in Jones v Kernott
[2011] UKSC 53, Lady Hale said the trial judge had correctly found that the
couple’s intention after they separated “did change significantly” from
their initial plans when they moved in together to “provide a home for
themselves and their progeny”.
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