Shirah Real raising money for Christopher's Smile

Shirah Real, Brooks & Partners Private Client Solicitor, undertook a Charity walk last weekend in aid of Christopher’s Smile. Shirah had to walk 11 miles along a coastal path and said that it was a great experience (if slightly exhausting) with wonderful views as well as an opportunity to make new friends!

Shirah e-mailed everyone at the firm “Thank you very much for your generosity to Christopher’s Smile – it is really appreciated. When I told them about the support from Brooks and Partners they were blown away!”

Christopher’s Smile was set up in October 2008 by Karen and Kevin Capel following the tragic death of their only son Christopher from medulloblastoma, an aggressive childhood brain tumour. Supporting UK research centres such as the Institute of Cancer Research, Christopher’s Smile aims to raise money to fund development of new drugs to treat medulloblastoma and other childhood cancers without devastating side effects. These drugs will provide an effective cure for all and save the lives of the 25% of children who currently do not survive their disease.

Brooks & Partners also work with the Institute of Cancer Research providing a free Wills service to the over 50’s where a donation is left to the discretion of the person preparing the Will.

Well done Shirah!!

Staff Update

Nikki Miller, who has been working in the Litigation and Matrimonial Department covering maternity leave has now moved to our busy Private Client Department to assist Shirah Real. Up to now Shirah has been working closely with Trainee Solicitor Kate Brooks and PA Jackie Stewart in the Frimley office and has been supported by Mandy Gunner in the Farnham office, Nikki will now strengthen the team and assist at both offices.

Meanwhile the Litigation, Matrimonial and Employment Department benefit from the addition of Stephanie Stevenson who is an experienced PA/Secretary in this field. The Department will also be very pleased to welcome Andrea Tucker back from Maternity leave who will rejoin them in September on a part time basis.

A Cautionary tale to unmarried couples who live together but have not clarified the legal interest… beware! by Helen Habershon

You may have seen reports recently of the case of Kernott v Jones in which a woman was ordered by the Court of Appeal to pay her former partner, who left her 17 years before, half the value of their house! This is because they had bought the house together and had not discussed whether there should be any adjustment in their shares where one of them was remaining in the property after their separation and paying the mortgage in its entirety. The court therefore ordered that they had continued to hold it in equal shares.


This does not seem very fair does it? But who said anything about fairness? What the court considered here was the long established principle in trust law that a property is presumed to be owned equally by the parties where there is no Declaration of Trust stating anything to the contrary and no evidence of any intention to vary that equal ownership subsequently.

It is important, when couples live together in property owned by one party, or both parties jointly, that they record how they intend to hold the property legally and in what shares. This is particularly important where one person has, for example, paid the deposit or contributed entirely to the mortgage repayments.

In this case, Miss Jones contributed the £6,000 deposit when the property was purchased in 1985 and in essence paid for the mortgage for 17 years after it had ended in 1993, with no contribution from Mr Kernott. Furthermore, Mr Kernott had subsequently purchased a new property so that his housing needs were met. Miss Jones was not entitled to a share of his new house, as it was purchased after they separated. However, he was entitled to a share worth £109,000 of the property they jointly owned. Miss Jones will probably have to sell her house in order to pay Mr Kernott his share. This situation would have had an entirely different outcome either if the parties were married, or had legally recorded how the property should be held at the time of purchase and following their separation, in circumstances where the property was not going to be immediately sold. A cohabitation or separation agreement is strongly recommended to avoid such claims.

For further information and advice, contact Helen Habershon or Deborah Prance in our Family Team on 01276 681217 or e-mail:

Helen@brooks-partners.co.uk