EQUITY & TRUST

EQUITY & TRUST

EQUITY & TRUST

Part I: Introduction

Jurisdiction play a significant role in maintaining the prosperity and providing appropriate solutions and justice to the societal problems based on national law. This applies to disputes arising out of legal events or relationships with respect to diverse issues that are determined in accordance with the laws on conflict related to jurisdiction. For this reason, it will be appropriate to determine the powers of the court in resolving the conflict before deciding whether to apply the law on property law disputes, particularly disputes concerning intellectual and physical property in general. The case of Kernott v Jones could impact the way separation cases are handled, where property is concerned with the break-up of cohabiting relationships, situations where a couple is not married (Barlow, 2006, 167).

Today, more and more couples cohabiting before marriage and many cohabiting indefinitely without marriage at all. Most cohabiting couples accumulate a great deal of joint assets, but do not make decisions on the division of property, if the relationship ends. The reality is that no matter how long the relationship continues, UK law treats partners as two separate individuals with no rights or responsibilities to each other, if the relationship ends (Dixon, 2011, 46). In situations, when unmarried couples purchase a property, either as a form of investment or for living purpose, main issue relates to ownership of the property. In case relationship ends and result in separation of partners along with one partner leaves the property, then ownership issues escalate. It results in formation of inter-personal conflict, which may then result in lengthy litigation (Gardner, 2011, 41). This paper explores the significance issues and what are appropriate legal jurisdictions concerning the cohabiting partners laws. The purpose of this study is to determine the differences between the regime of property (property regime between unmarried couple), and co-ownership or property right that is exercised among partners.

The case of Jones v Kernott opens a new dimension in the law regarding the establishment of rights of each cohabiting partner and addressing conflicts that arise through their separation. It is a very important reference point for the cluster of case law, which has emerged around beneficial ownership of shared family property homes to which legal title is held jointly by both parties in couple relationships. In this vein, this case acts as a key point for the discussion of confirmation in positions where legal title is held to both parties ownership in their property in equity (Dey & Wasoff, 2007, 160). Majority of people have the misconception that opposite partners living together comes under the common law marriage system for addressing their disputes.

Duties attached to each partner under common law marriage system differ completely from laws that apply on unmarried partners. UK family law has complete distinction for people who are married and unmarried, but living together (Probert, 2011, 104). There are firm legal applications that can be made to the courts specifically related to domestic violence and conflicts over property issues for ...