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CONSTRUCTIVE TRUST – KERNOTT V JONES [2010] EWCA CIV 578; [2009] EWHC 1713; WTLR1771

SEPTEMBER 3RD 2010 | 11:06 TAGS: TRUSTS

The ever difficult decision as to the division of property assets on the breakdown of a cohabitation relationship continues to cause inevitable pain. The Court of Appeal has reversed the first instance decision in Jones v Kernott. As Lord Justice Wall said:

“This is a cautionary tale, which all unmarried couples who are contemplating the purchase of residential property as their home, and all solicitors who advise them, should study. The facts are not in dispute and are unusual only in the sense that a great deal of time has elapsed since the parties separated.”

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