November 2011 Archive

Clarification on property disputes between cohabitees

More than half of couples in the 16 – 44 age group are now cohabiting rather than being married and many of them will jointly own their property. But they rarely have a formal agreement that clearly sets out how the property should be divided in the event of the relationship breaking down. The Supreme Court has handed down their decision in Jones v Kernott, a case that concerned the allocation of shares in a jointly owned property after the relationship ended.

Enforcing possession orders when the arrears have been cleared

A recent case that went to the Court of Appeal has helped to clarify the situation relating to the longevity of possession orders particularly when mortgagors fall into arrears more than once. In the past, courts have reacted unfavourably to attempts to enforce an order which has already been suspended, where the arrears have subsequently been cleared by the borrower. It has generally been accepted that, once the arrears are cleared under a suspended order, fresh proceedings are required.

There may be money in the small print

Some contracts are profitable, and some are not - and hindsight is a perfect science. If you knew what you know now, you may have thought twice before entering into those unprofitable contracts. However, do not assume that all is lost even after you have signed the contract.
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