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Quantifying shares after a change of intention: the 'fair share' rule (Jones v Kernott)

Sunita and Gareth bought a house in Swindon, England, in joint names in 2006 as their family home, with no declaration of trust. They separated in 2011, when Gareth moved out. From then on Sunita alone paid the mortgage, insurance and repairs, and brought up their children in the house. Gareth stopped contributing and used his savings to buy a flat of his own. The court finds that, after the separation, the couple came to intend that their shares in the house would no longer be equal. However, there is no evidence, direct or by inference, of what proportions they intended.

How should the court decide the parties' beneficial shares?

Choose one answer to see the reasoning.

  1. Trusts · FLK2No. L286

    Family home in joint names: the starting point (Stack v Dowden; Jones v Kernott)

    What is the starting point for deciding how the beneficial interest in the house is shared?

  2. Trusts · FLK2No. L288

    Family home in one party's sole name: is there any beneficial interest at all?

    Which of the following best describes how the court will approach Amara's claim?

  3. Trusts · FLK2No. L289

    Requirements of proprietary estoppel: assurance, reliance and detriment

    Which of the following best describes Owain's position?