Nobody downloaded yet

Property ownership of unmarried couples: KERNOTT V JONES - Dissertation Example

Comments (1) Cite this document
The present study would focus on property ownership that is governed under property law. It is one of the very important aspects of law as it governs the ownership and usage of property. The property refers to anything that can be owned by a entity or person…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.7% of users find it useful
Property ownership of unmarried couples: KERNOTT V JONES
Read TextPreview

Extract of sample "Property ownership of unmarried couples: KERNOTT V JONES"

Download file to see previous pages According to the research property can be divided into two major categories namely; personal property and real property. Personal property is moveable and can be moved from one place to another location. On the other hand, real property is any interest in land, real estate or the improvements thereon. The area of law that governs ownership of property is property law and it covers both the personal and real property as defined within the common law legal system. Property law is entrenched in the constitutions and legislations of nearly if not all states of the world to provide concisely and broadly the right of people to own certain things in order to meet their needs, earn income, or make their lives better. Property rights provide people and entities with rights over things; the rights of which are enforceable against all other entities or persons. Usually, interest in property is acquired through consensual transaction with the person who owned property initially, for instance, through gift or sale. Consensual transactions also includes disposition by will because will intends to provide for distribution of the property of deceased person to the nominated persons (beneficiaries). Besides, interest of property may be obtained through a trust established for a person’s or entity’s benefit by the previous owner of the property. Property can be passed form a person to another without the consent of the holder of the property. For example, in an event the owner goes bankrupt, property taken in execution of judgement of a court, or a person dies intestate. Property ownership can be common, collective or private. In law, determination of ownership of property involves determining the person(s) or entity that has particular duties and rights over a certain property. These duties and rights, however, can be separated and be held by parties that are different (Merrill and Smith 2007, p. 38). It is crucial to examine the common types of property ownership. There are five major forms of property ownership which include joint tenancy, sole ownership, community ownership, tenancy in the entirety, and tenants in common. Ellickson et al (2002, p. 12) describes joint tenancy as property owned by two or more persons at a given time in equal shares; the following four unities are typical in this form of ownership namely; unity of possession, title, interest, and time that is vested in each joint tenant, each tenant has right which is undivided to possess a proportionate and whole property right of equal ownership interest. In an event of the death of one joint tenant, the interest that belonged to him or her are automatically vested in the joint tenants who are surviving by operation of law. In regard to sole ownership, Merrill and Smith (2007, p. 22) explain that the property is owned by one person, entirely. In addition, community property is a form of ownership that acknowledges community property, a special kind between husband and wife where each of them owns one- half of the property. In case of death, the interest of the decedents passes in a similar manner to tenants in common (Badenhorst, Pienaar, and Mostert, 2006, p. 67). Moreover, tenancy in entirety is a form of property ownership which is a special type of joint ownership where the joint tenants of specifically husband and wife own one- half. Neither of the spouses can sell the property owned without getting the consent of the other spouse. Lastly, a tenant of common is also a form of propert ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Property ownership of unmarried couples: KERNOTT V JONES Dissertation”, n.d.)
Retrieved from
(Property Ownership of Unmarried Couples: KERNOTT V JONES Dissertation)
“Property Ownership of Unmarried Couples: KERNOTT V JONES Dissertation”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
hintzsammy added comment 1 year ago
Student rated this paper as
Excellent paper! Used it to finish an assignment for a law course. It was easy as ABC, for the first time in my life.

CHECK THESE SAMPLES OF Property ownership of unmarried couples: KERNOTT V JONES

Childless Couples

...also asserts that married people are happier than the unmarried people because of the closeness that is involved in the relationship. He states "Figures show that married people are in almost every way happier than unmarried people – whether they are single, divorced, cohabiting". According to the professor when a couple is expecting a child the level of happiness rises high enough but as soon as the child is born the level of happiness descends. The psychologists have also identified the factor of bearing children to be associated with dissatisfaction with marriage. A research carried out in Netherland showed that couples who had two children were not as happy as the...
5 Pages(1250 words)Research Paper

Unmarried Households Put Married Couples in the Minority

...? 30 October Married couples made a minority by the unmarried households One of the outcomes of the modernization is replacement of marriage with cohabitation. Over the years, married couples have become a minority in the society. In the 2010 Census, the percentage of married couples was found to be 48 which showed a 4 per cent decline since the last Census (Duara). A lot of youngsters today although don’t intend to remain single throughout the life, yet the idea of delaying marriage seems to be in fashion. “The median age for first marriages has climbed steadily since the 1960s, when men got married at about 23 years old, and women at 20. Now, men are waiting until...
3 Pages(750 words)Essay

Should the Law Continue to Threat Married Couples Differently from Unmarried Cohabitants in Property Disputes

...the previous position that financial contributions alone will not determine the parties’ common intention. For instance in Fowler v Barron (2008) it was held that financial contributions alone will not automatically rebut the presumption that the parties’ common intention is reflected in the title deeds. The Privy Council ruled similarly in Abbot v Abbot (2007), although the Privy Council appeared to be persuaded by the fact that the couple shared a joint finances and shared responsibility for the mortgage. Jones v Kernott (2011) however, followed the ruling in Stack v Dowden more closely and preferred the view that the...
10 Pages(2500 words)Essay

Jones v Kernott [2011] UKSC 53 has been Described as a Truly Ground-breaking Case in Relation to Cohabitant Purchaser home ownership by unmarried cohabitant couples. Discussion Facts and Decisions of the Case Leonard Kernott and Patricia Jones started cohabiting in 1983 and had two children. They purchased a family home in joint names at 39 Badger Hall Avenue for ? 30,000 in 1984. The couple lived in this home for around eleven years (Pawlowski 2012). Upon separation of the two in October 1993, Kernott deserted their family home, while the claimant stayed with children in the house. Jones did not apply for Child Support Agency. Kernott quit making mortgage contribution for the...
8 Pages(2000 words)Essay

Biracial Couples

...? Biracial Couple Biracial Couples Introduction and Background When members are from two different racial backgrounds, they make up a biracial couple. It is a very multicultural and multidimensional experience for each of the member of the couple. This paper is a review of a biracial study describing the experiences of students whose parents are from two different racial backgrounds. The objective in this paper is to review the study, its successes and shortcomings with respect to the understanding of biracialism and its implications (Banks, 1995). Review of the Study Purpose of the Study The objective in the study is to give an overview of students' experiences who are attending Predominantly White Institutions (PWIs) in south... Biracial...
5 Pages(1250 words)Research Paper

Intellectual property Law: Advise Professor Jones on the scenarioes

...looked to whether a substantial amount of work or effort was expended in creating the work in determining originality. This was propounded in the case of Macmillan & Co v K & J Cooper10 where it was stipulated that the basic foundation for attracting copyright protection was that a reasonable amount of work involving judgement and selection had been utilised in creating the work. In the current scenario, Professor Jones’ work is most likely going to be protected as a literary work for the purposes of the CDPA definition. Accordingly, in order for Professor Jones’ lecture notes and the diagrams on the flipchart content to attract copyright protection as a literary work, the “skill,...
6 Pages(1500 words)Essay

Gay couples

...Your full November 25, Persuasive Essay Since nurture part of the nature vs. nurture debate holds a great importance, it cannot be said that same sex couples are not able to raise children having normal sex orientation. “There is no proof that children who are parented by same sex couples turn out to be homosexuals in the future.” Family instability may take its toll on normal psychological development of children of both straight and same-sex couples, and so, it is not true that only gay parents prove to be bad parents by any means. They may prove to be better parents, as is suggested by Judith Stacey and Timothy Biblarz (qtd. in Cooke, para.2), that two men or women can raise kids...
1 Pages(250 words)Essay

Briefing a case Harris v. Jones, 281 Md. 560 (1977)

...Case Study: Harris v. Jones [Coarse Harris v. Jones, 281 Md. 560 In this case, the defendant was the supervisor of the plaintiff at the factory. The defendant was well aware of the fact that the plaintiff had a speech disorder that caused him to stumble. Due to this purpose, the defendant ridiculed the plaintiff in order to cause anguish. Because of this anguish, the plaintiff filed a case against the defendant for intentional infliction of emotional distress (Media Law Resource Centre, 2014). Facts: The defendant who was the supervisor of the plaintiff at an automobile company used to mimic him during work. The plaintiff asked him so many times to stop this habit of him,...
1 Pages(250 words)Admission/Application Essay

United States v. Jones

...United s v. Jones In the fourth amendment of US constitution, unreasonable searches and seizures against an individual are prohibited and require the judicial sanction of warrants before searches, seizures are initiated, and there must be a probable cause to effect the same (Wetterer 24). Under the amendment, searches and seizure warrants are limited depending on the information made available to the court issuing the search and seizure warrants by an officer, who swears by the same (Wetterer 78). Aspects based on the fourth amendment forms the basis for the case between United States versus Jones. In the making of court decisions involving the fourth amendment of the Bill of Rights,...
4 Pages(1000 words)Essay

Property ownership, oral evidence (parole)

...Property Ownership, Oral Evidence (Parole) al Affiliation: Property Ownership, Oral Evidence (Parole) When may oral evidence be presented after a written contract has been agreed to? Parole refers to any information that is given orally and may form evidence to an agreement (Klass, 2010). Parole may also include verbal information that accompanies a written agreement. Parole law prevents parties from altering the information that was agreed orally before and after entering into a contract (Klass, 2010). On normal occasions, before signing any contract, the parties involved engage into long discussions that prompt a party to either enter or fail to enter into the contract...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Dissertation on topic Property ownership of unmarried couples: KERNOTT V JONES for FREE!

Contact Us