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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Jones v Kernott ： ウィキペディア英語版 Jones v Kernott ''Jones v Kernott'' () (UKSC 53 ) is a decision by the UK Supreme Court concerning the beneficial entitlement to a family home under a constructive trust. ==Facts== Ms Jones and Mr Kernott met in 1980. In 1981 Ms Jones bought a caravan with the help of a bank loan, and in 1984 Mr Kernott moved into the caravan with her upon the birth of their first child. In May 1985 Ms Jones sold her caravan, and the parties bought 39 Badger Hall Avenue, Thundersley in Essex, for £30,000. Ms Jones contributed £6,000, and the balance was raised by an interest-only mortgage. The house was conveyed into their joint names. From this point on they shared payment of the household bills and the mortgage. In 1986 the couple's second child was born. The parties took out a loan for £2,000 for an extension which was mostly constructed by Mr Kernott. In 1993 the couple separated, and Mr Kernott left Badger Hall Avenue. He stopped paying his share of the bills, and contributed little or nothing towards the maintenance of the children. In May 1996 the parties cashed in a life insurance policy and divided the proceeds. With his share of these Mr Kernott bought 114 Stanley Road, Benfleet in Essex, for £57,000. In May 2006 Mr Kernott sought payment of his half-share of Badger Hall Avenue. Ms Jones responded by claiming under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) for a declaration that she owned the entire beneficial interest in the property. Judge Dedman, after considering ''Oxley v Hiscock'' () Fam 211 and ''Stack v Dowden'' () 2 AC 432, held that while the interests of the parties at the outset might well have been that the property should be split jointly, those intentions had altered significantly over the years. He considered that the correct test was therefore what was "fair and just" between the parties, taking into account the whole course of dealing between them. He concluded, taking into account Mr Kernott's ceasing to pay any bills, the fact that Ms Jones contributed over 80% of the equity, and the lack of assistance provided by Mr Kernott relating to the maintenance of the children, that the correct split would be 90:10 in favour of Ms Jones. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Jones v Kernott」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.