Joint ownership and the family home

The article considers the extent to which it is open to a court to attribute to co-owners of a family home an intention to vary their equal beneficial shares following the parties' separation where one party continues to live in the property and assumes sole responsibility for its continuing acquisition and maintenace. This was the specific issue addressed by the Court of Appeal in Kernott v Jones [2010] EWCA Civ 578, where mixed views were expressed by their Lordships as to the correct approach in identifying the parties' common intention in such circumstances