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Has The Law Changed For Unmarried Couples

Information For Cyprus Expats Who May Wish To Return To The UK

You may recall reading an article that I wrote in May last year which looked at the legal rights of unmarried couples. The article made specific reference to the case of Jones v Kernott (2010). At the time of writing we were still awaiting the decision of the Supreme Court (the most senior Court in this country) which was tipped to have a significant impact for unmarried couples. The Judges in Supreme Court have now made a decision. 

This month’s article looks at the impact of the case for unmarried couples. It also lists some of the considerations that you should bear in mind if you are thinking of living with someone or are already living with someone.

The case of Jones v Kernott

The Supreme Court, had to decide whether a man who left his partner nearly 20 years ago was entitled to half of the value of the house that they once shared that was in joint names.

The Facts

Mr Kernott and Ms Jones, who were not married bought a house together in joint names then separated in 1993 after 8 years. Mr Kernott moved out, leaving Ms Jones to pay the mortgage, maintain the property in addition to bringing up their two children. After the children had grown up some 13 years later, Mr Kernott sought to claim his half share of the property. This was on the basis that he was a joint and equal owner of the property and that at the time of separation nothing had been done to change the legal ownership which would represent anything other than a 50/50 split of the property. 

Ms Jones disputed his claim saying that he was not entitled to half a share as they had been separated for many years and that he had not contributed to the mortgage or any other house costs since leaving.

The County Court and the High Court agreed with her, awarding her a 90% share. Mr Kernott appealed to the Court of Appeal and was successful. The Court granted him an equal share. Ms. Jones appealed against this finding and the Supreme Court had to decide which decision should stand.

It restored the County Court and High Court decisions and said that Ms. Jones should receive 90% and Mr. Kernott 10%. In my opinion this was a fair result.

When reaching this decision the Court made the following important points that apply to unmarried couples:

1.  
   1. Where people purchase a family home in their joint names the presumption is that they intend to own the property jointly and therefore the split should be one of 50/50. Purchasing a property in joint names indicates an emotional and economic commitment.

1.  
   1. This presumption may be rebutted by evidence that it was not, or ceased to be, the couple’s common intention to hold the property jointly. This may be shown for example by evidence that a couple did not share their financial resources, financial contributions, the words that were spoken between them and/or their conduct in general. The Court has discretion and will make a decision that it considered is fair having regard to the dealings between couple in relation to the property.

In Jones v Kernott the greater financial contributions that Ms. Jones made following separation were very relevant. Also, at the time they separated in 1993 their actions showed an intention to move away from an equal division. There was a joint life insurance policy that was cashed in. The proceeds were paid to Mr. Kernott. This meant that he was able to buy a new home for himself. This showed that his intentions had changed i.e from that point onwards he intended that his financial affairs would be separate to those of Ms Jones. 
 

So where does this case leave the law for unmarried couples?

Whilst the case has provided some clarify for dealing with disputes where properties are held in joint names there is still a lot of uncertainty in this area of the law.

You should however bear the following in mind:

1. If you are buying a property with your partner, then you should discuss how this property will be held and how it will be divided if the relationship breaks down otherwise this could result in trouble in the future.

1. At present the best way for co-habiting couples to protect themselves from difficult disputes if they do split is to draw up a trust deed (known as a Declaration of Trust) or a cohabitation agreement spelling out the property shares that they will have when they move in together and what will happen on the breakdown of a relationship.  They should also consider amending or drawing up a Will to protect their interest in the property.

1. If you live together for perhaps six months or two years you are not automatically entitled to a share of your partner’s property on separation.

1. There is no such a thing as a “common law” husband/wife. It does not matter how long you have lived together. You do not have the same financial rights as a married couple. Often this leaves a woman who has given up work to look after children exposed to the risk of a life of financial difficulty if her partner leaves and has most of the assets in his name.

© Lucy Loizou -  Family Lawyer                                

The International Family Law Group LLP   website

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Useful Information On How To Trace Your UK Family Tree

 Where should you start when beginning to look at your British Isles 
ancestry.
 www.ancestry.co.uk
 www.findmypast.com
 www.thegenealogist.co.uk
 www.genuki.org.uk
 www.familyrelatives.com
 www.ukbmd.org.uk
 www.deceasedonline.com
 www.sog.org.uk
 http://newspapers.bl.uk/blcs/
 www.ancestralatlas.com
 www.FreeBMD.org.uk
 www.cyndislist.com
 www.bbc.co.uk/history/familyhistory
 www.gro.gov.uk/gro/content/certificates/
 www.scotlandspeople.gov.uk
 www.familysearch.org
 www.originsnetwork.com
© Nick http://www.noseygenealogist.com/blog/

Useful Tips On Renting A Car In The UK

Thinking of renting a car? Below are key pointers of what to do and what not to do when renting your next car hire. Follow these tips for a hassle free car rental experience…..

1) When booking your car hire always ask if the price is fully inclusive. Is there any additional charges that will be added when you collect the car? Example additional insurance, fuel charges.

2) Always ask what the insurance excess amount is, this is the amount you have to pay in the event the car is damaged. This can range from £500.00 to £1000.00 depending on which car hire supplier you book with. The supplier will always say the price includes insurance but never actually tell you what the excess amount is.

3) Ask if you have the option to reduce the insurance excess, and what the daily cost to do this is. Bear in mind most companies will give you a daily fee but remember they may be quoting you a cost before VAT is added to make the cost sound cheaper.

4) Make sure you fully understand the collection procedure of how to collect the car as some car hire companies the offer car hire at the airport are not always based inside the terminal building. You may have to call a telephone number on arrival or met in a certain area at the airport.

5) Make sure you know exactly what ID you need to have with you, if you have a UK Drivers Licence you must have the counterpart of you licence as well as the photo card.

6) Always ask how much deposit will be taken when you arrive, as this can range between £150.00 – £750.00. And if you do not have the available funds on your credit card the car hire company will not supply the car to you.

7) When collecting the car, make sure you read the rental agreement/paperwork you are signing and make sure the amount you are signing for is the amount you were quoted. Make sure no additional extras have been added without your consent as once you have signed the agreement you have agreed to the charges.

8) Make sure you have a good walk around the car and any damage you see make sure this is noted on the paperwork. If this is not go back to the supplier and get the damage details added. If the supplier says it’s all ok, take no for an answer as you can be liable for the charges on return.

9) Make sure before taking the car hire the fuel is at the agreed level, also make sure you understand what fuel should be in the car when you return.

10) When returning the car hire, make sure you get a staff member to check the car and agree there is no damage so you can leave knowing that no damage charges will be added.

Provided to you by Indigo Car Hire

website

Expert Tips On How To Protect Your Home In Winter

This winter has been one of the worst for bad weather, and with no sign of a respite, making cold related problems around the house a real possibility. We would like you to know that our association with Staysure Insurance will be able to help you with not only insurance, but also helpful practical advice on how to protect your home tokeep it running smoothly throughout the cold snap.

The prolonged arctic temperatures have taken most people by suprise. Ideally winter household preparation would have been made a while ago, but it is not too late to put into effect some simple energy efficiently measures that will help you throughout the rest of the winter.

Make sure your boiler and the central heating are working and have a regular service.  A breakdown service is available as an option on all Staysure home insurance policies.
Invest in a chimney sweep to make sure the chimney is clear, to ensure the flames draw without making a mess.
Freezing temperatures can cause havoc with water pipes, check yours are fully lagged.
If you don’t have adequate insulation in your loft, check out the government website www.insulationgrants.info/ to see if you are eligible for a grant.
If your drains have frozen, try unblocking them a mixture of hot water and household salt, which acts in the same way as the industrial grit used on the roads.
Any leaking taps that you have been meaning to mend should be tackled now and make sure they turned off correctly.
Fix leaking radiators.
Mend ill-fitting windows and plug up any gaps that could allow heat to escape or water getting in.
Empty home, warm hearth
If you are heading for warmer climes, remember that your home is still susceptible to the cold whilst you are away.  
If possible ask a neighbour to pop round to keep everything ticking over, failing that if you are only away for a short trip, keep the heating on, so the system and the house will receive a modicum of heat on a regular basis.  For protracted periods of absence, if you don’t want to leave the heating on then it is advisable to drain the heating system and turn off the water supply to prevent freezing, burst pipes.

If you would like to have more information, please visit Staysure Insurance

Returning to the UK? A useful checklist

From enrolling your children into schools to sorting out your tax situation, here are some of the things you should think about when preparing to move back to the UK.

Returning to the UK? Information on Pensions

Private Pensions
Private pensions include occupational pensions (also known as work or company pensions) and personal pensions (including stakeholder pensions).

An occupational pension gives you tax relief on your contributions and generally involves the employer making contributions to the scheme on top of those paid by the member. A personal pension is bought from a pension provider such as a bank, building society or life assurance company.

State Pensions
The UK government pay a state pension to those who have reached state pension age and who have paid National Insurance Contributions for a minimum number of years. State pension age is currently 65 for men and 60 for women who reach 60 before 2010. Between 2010 and 2020 the pension age for women will gradually increase to 65.

The Basic State Pension is a flat-rate pension paid to anyone who has enough credits when they reach their State Pension Age. Currently, the full rate of Basic State Pension is payable if you have qualifying years of about 90% of the years in your working life. This is currently 39 years for a woman born before 6 April 1950 and 44 years for a man born before 6 April 1945. Men born after 5 April 1945 need 30 qualifying years and women born after 5 April 1950 need 30 qualifying years. Your working life begins at 16 and ends when you reach your State Pension Age. If you want to increase your qualifying years you may be able to pay voluntary National Insurance Contributions to increase the amount of state pension you receive. If you have not made the required number of contributions, you may still receive a reduced state pension. To get the minimum basic state pension, which is 25% of the full pension, you will normally require 10 or 11 years of contributions. Since 2002, low and medium earners can get a more generous additional state pension and in some cases carers and people with long-term illnesses and disabilities can build-up additional state pension.

Between 2010 and 2011, the full Basic State Pension is £97.65 for a single person and £156.1530 per week for a couple.

If you have not worked in the UK for long enough to qualify for a state pension, you may be eligible for a pension from another country in which you have worked. You should contact the relevant authorities in that country.

Pension Credit
Pension Credit guarantees everyone over 60 and living in Great Britain a minimum of £132.60 if you’re single and £202.40 if you’re a couple. If your income is already above this level, you will probably not be eligible for the pension credit. If you are 65 you may be able to claim £20.52 if you are single, and £27.09 if you have a partner. Telephone 0800 99 1234.

The Pension Service
The Pension Service is part of the Department for Work and Pensions and aims to provide current and future pensioners with a dedicated service on State Pension, Pension Credit and other entitlements. Telephone 0845 6060265.

The International Pension Centre (IPC)
The IPC deals with claims to state pension for people living outside the UK, and for those living in the UK who have previously lived or worked in other countries that apply the EC rules on social security, or in a country that has Reciprocal Social Security Arrangement with the UK. Telephone: +44 191 218 7777.

Text last edited on: 10/2010

© European Union 1995 - 2010

Source European Union  Reproduction is authorised

Returning to the UK? How to apply for Jobseekers Allowance

Apply online for Jobseeker's Allowance (JSA), the main benefit for people of working age. If you're eligible, it's paid while you're looking for work. Please read all the information about eligibility on this page before applying.

Returning to the UK? How to set up your own business

If you have a good business idea, working for yourself can be very rewarding, but it can take a lot of hard work and dedication. If you want to become self-employed, find out about the free help and support available, and whether you qualify for the weekly self-employment credit.

Returning to the UK? - How to look for work

Jobcentre Plus has one of Britain’s largest databases of job vacancies, which is updated constantly. Search the database and find a job to suit you using the jobs and skills search. The database also lets you search for training, career information, voluntary work and childcare providers across the UK.

Save your searches

You can register with 'My searches' and set up your own personal record. You can save your favourite searches and bookmark details of jobs, training and career profile information.

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