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Is Woman’s Ex-Boyfriend Entitled to Half Her House?

SodaHead Living 2010/05/28 14:21:59
Think long and hard before you buy a home with your main squeeze.

A British homeowner was ordered to give her ex-lover half the value of her house … 17 years after they broke up.

Hairdresser Patricia Jones, 55, said her ex, ice cream salesman Leonard Kernott, never made a mortgage payment on their $356,675 home, the Daily Mail reported.

He also gave her ‘”little or no contribution” to help raise their daughter Lauren, now 25, and son Dean, 23, the court was told.

However, Kernott insisted he was the breadwinner when they lived together, until he was “kicked out” when he discovered that Jones had had an affair.

“She wasn’t working when I lived there and I put money into her account which she used to pay for the mortgage and everything,” he said.

The couple’s son Dean said both his parents were at fault, adding: “They’re wasting a lot of money fighting each other. They’re both stubborn.”

The Court of Appeal branded the case “a cautionary tale” for unmarried couples who buy property together without making formal legal agreements.

Read More: http://www.dailymail.co.uk/news/article-1281640/Ca...

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  • outtolunch 2010/06/02 19:22:09
    outtolunch
    +3
    This explains it a little better than the Daily Mail

    http://www.wslaw.co.uk/news/n...
  • kaylee 2010/05/31 01:47:39
    kaylee
    No Brainer!!!! Protect your assets! Get it in writing!
  • Doreen 2010/05/31 00:52:23
    Doreen
    +1
    I just love it when staying home cleaning the house, paying the bills, grocery shopping, cooking, tending to children and their needs ( at all ages ), driving around for errands, and all of the other house hold duties is not considered work ( how arrogant of those who do not think that it is work ). This also sounds like a case of "he said she said" and they need to get the paper trail of proof of who is telling the truth not just word of mouth.
  • MindReader 2010/05/30 23:25:34
    MindReader
    Sounds fair to me. His evidence before the Court was: "She wasn’t working when I lived there and I put money into her account which she used to pay for the mortgage." sounds fair evidence court working lived money account pay mortgage
  • cнιвι cυρcαқєs ~*Λℓιcє*~ ♥♥
    What?
    omg.
  • djsklfndkfnds./ 2010/05/30 06:44:33
    djsklfndkfnds./
    Man up...it's life. Move on. I wouldn't want the house anyways....what's the point here? Like the son said...they are wasting money with the fight of deciding things! Give the house to the kids and both of you grown children get an apartment...hell it's cheaper anyway!
  • ~Pro-Fetus Anti-Liberal Ant... 2010/05/30 05:24:33
    ~Pro-Fetus Anti-Liberal Anti-Atheist~
    Was his name on the paperwork? Didit say he co-owned it? If so, then there is nothing she can do. If not, then the ruling isn't even legal. It sounds like she had his name on there as well though, from the information given... dumb@ss.
  • Your Majesty Queen Fire 2010/05/30 00:53:32
    Your Majesty Queen Fire
    no that's crazy talk!
  • mybloodturnstoalcohol 2010/05/29 22:08:46
    mybloodturnstoalcohol
    Um......wow. I guess it really comes down to who is telling the truth. Did she use his money to pay the mortgage and for the kids? Or did she use her own money? But overall, I agree with the son, Dean. HE's the smartest one.
  • george 2010/05/29 21:47:24
    george
    she got a half she wasnt supposed to get
    the guy was stupid enough to put it in her name and deposit money in her account to pay it
  • Simmering Frog 2010/05/29 21:41:35
    Simmering Frog
    +2
    Wow, a case where the woman gets screwed! That would never happen in America.
  • db coop34 2010/05/29 17:55:31
    db coop34
    judges should judge there own lives, and get out to the goverment hog trough
  • METALheadMom 2010/05/29 15:39:32
    METALheadMom
    Do I have sympathy for her? NO. Do I agree that the judge should have the right to "teach a lesson in morality"? YES, but they rarely DO. Remember, it is always a GOOD idea to check the LAWS in your state before you do ANYTHING that could come back and smack you in the a**.
  • Feisty Sin 2010/05/29 13:53:43
    Feisty Sin
    Hahaha like hell if my ex would ever get my house
  • Carlo 2010/05/29 13:14:14 (edited)
    Carlo
    If he was on the mortgage then yes he was taking half the responsibility of the loan.
    If he wasn't then an amount equal to his contribution minus necessary expenses for a fair value of rent and utilities. Nothing more. But jolly ole England must have reasons for this decision.
  • TeardropsOfBlood4The1iiLove♥ 2010/05/29 11:13:42
    TeardropsOfBlood4The1iiLove♥
    If he pays half the rent then yes, if he doesnt pay rent then no not really and vice verser
  • CindyLee Teardro... 2010/05/29 15:03:52
    CindyLee
    +1
    If both parties are on the DEED doesn't matter who paid the mortgage... Funny how laws work like that...
  • Alan_Scott 2010/05/29 08:57:20
    Alan_Scott
    They bought the house together with no separate contract. Doesn't take a genius to figure this out.
  • Scud 2010/05/29 07:31:43
    Scud
    If they were living together long enough then it is considered a defacto relationship, so he would be entitled to half.

    I think the son said it best.
  • Carlo Scud 2010/05/29 13:25:32
    Carlo
    Possibly if he could show that the mortgage was paid for a period by him exclusively, when she wasn't contributing which would have had an impact on whether she would foreclose or not. Otherwise it could have theoretically been argued as an asset possessed prior to any real commitment, with no contractual obligation on his part.
    Because then a default would only be reflected on her part if it were to happen.
  • Scud Carlo 2010/05/30 06:13:15
    Scud
    No, they only have to be living together for long enough (2 years I think), even if he didn't contribute.
    Once it's a defacto relationship it's as good as being married, and I'm not sure if there is really any kind of defacto version of a prenup. Assets owned before the relationship would be joint assets unless there was a contract that said otherwise.
  • Carlo Scud 2010/05/30 19:00:49
    Carlo
    I guess I was assuming the terms would be similar to those of married couples too.
    And I was under the impression assets owned prior to marriage were separate.
    Never married or divorsed so.........
  • Scud Carlo 2010/05/31 03:37:21
    Scud
    It would be different depending on where they live. I can really know about the laws that apply where I am, where assets owned prior become joint assets.
    It might well be different for them, but I think the house at least would be considered both of theirs since they were both living in it.
    I could be wrong though.
  • Carlo Scud 2010/05/31 06:03:50 (edited)
    Carlo
    In Hawaii its separate, but I guess that's why they have prenuptials.
    It just seems strange that a home could apply to unmarried people
    Because of the fact that no responsibility for the mortgage is barred by the other person. What would happen if the partner that had the house dies, but the unmarried partner doesn't qualify for the take over. Does it go to probate? Or does the bank score and take back the house.
  • Scud Carlo 2010/05/31 09:31:57
    Scud
    It depends on the contract that was signed when the house was bought, but I'm not a lawyer so there are probably other details that I don't know about.
  • Carlo Scud 2010/05/31 13:28:55 (edited)
    Carlo
    Actually you dont need a lawyer to figure out in this case, he was not in any contractual agreement. Just the fact that he contributed to the household finances during a period when she wasnt. But I understand what your saying.
  • Scud Carlo 2010/06/01 06:52:01
    Scud
    When a house is purchased you usually need a solicitor to go over the contract, that was the only lawyer I was thinking of.
    It's definitely something for lawyers to sort out though, unless they can sort it out between themselves.
  • Fulgwar 2010/05/29 04:54:49
    Fulgwar
    of course he's entitled to half. they made the arrangement together and lived together for 17 years. that's basically a common law marriage.
  • Red high priestess in Nyx I... 2010/05/29 03:44:07
    Red high priestess in Nyx I trust
    Yes she is! Half of everything the ex-couple own!
  • Donny the great☺ 2010/05/29 01:00:38
    Donny the great☺
    Feel sorry for the guy, the lady had an affair and took his money and he still has to pay 178,300$
  • belle 2010/05/28 22:44:35
    belle
    good reason to always have things in your own name and take care of your own business. Companionship is great as long as they have their own place and you have yours.
  • stahlnacht 2010/05/28 22:31:28
    stahlnacht
    +1
    I'm siding with the kid!
  • Demon Dolphin 2010/05/28 22:27:36
    Demon Dolphin
    Well that's pretty dumb.
  • Erica 2010/05/28 20:54:51
    Erica
    This is why you don't move in together like this.. he shouldn't get shiz if he cheated. No pre-nup was signed, they weren't married.
  • Estick Erica 2010/05/28 21:51:28
    Estick
    +1
    the article says it was him who discovered that she was cheating...
  • Erica Estick 2010/05/28 21:58:04
    Erica
    +2
    Oh.. awkward situation! If it was in her name and they were not married then he shouldn't be getting any part of the house.
  • Matt Erica 2010/05/29 14:42:26
    Matt
    the linked article states that the house was in both their names, they should have done a proper settlement when they seperated... i think she's definitely getting the raw end of the deal here...
  • Erica Estick 2010/05/28 21:59:33
    Erica
    +1
    If there is proof of everything that was said, then he IS entitled to something.
  • Carlo Erica 2010/05/29 13:30:20 (edited)
    Carlo
    I think she cheated. Opps yeah what estick said.
  • daydreamer Erica 2010/05/29 23:55:53
    daydreamer
    Erica, the article states that it was Ms. Jones who cheated , "he was “kicked out” when he discovered that Jones had had an affair" go figure? I think the issue here, is that it's 17 years after the fact and that is what bothers me about the whole situation.

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2013/05/19 07:21:23

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