Barrie Stevens Posted May 4, 2011 Share Posted May 4, 2011 Major case at UK Supreme Court today ie Kernott v Jones about division of property between unmarried couple long separated. Judgement due around/after 10.30 am. Details on Supreme Court website and article by one of the Larned Friends. This could clear up some loose ends and set a precedent. May not seem to apply directly to Isle of Man but often English cases are taken into account and said to be persuasive if Manx law is silent etc. This case seems to hinge on a Court's decision to order that which is fair (as in divorce) as opposed to following the letter of the law......Worth watching as so many today do live over the brush! (And many still cling to the myth of Common Law Marriage and Common Law Wife.....) Link to comment Share on other sites More sharing options...
Tempus Fugit Posted May 4, 2011 Share Posted May 4, 2011 I'm sure the EU will soon overturn anything the UK supreme court decides, seems to do that with anything these days must be a slow news day Barrie Link to comment Share on other sites More sharing options...
Tweek Posted May 4, 2011 Share Posted May 4, 2011 A Llama died in Peru yesterday. Sad, very sad. May have nothing to do with the island at all either. Link to comment Share on other sites More sharing options...
Barrie Stevens Posted May 4, 2011 Author Share Posted May 4, 2011 I'm sure the EU will soon overturn anything the UK supreme court decides, seems to do that with anything these days must be a slow news day Barrie Such appalling ignorance! The question of joint tenants and tenants in common is very pertinent in the Island and this case, as I explained, may yet have some bearing on the issue of unmarried couples. It will be noted by Advocates and Deemsters and I am sorry to tell you but these days English law and equity holds great sway within the Island' legal system. (They all have sets of Halsbury's Laws of England and Clerk of Tynwald let me borrow his when I did a bit of litigant in person) Until about three years ago, when I departed the Holy Ground (Permanent or temporary remains to be seen) I had a nice part-time line in Conveyancing (Unlawfully as it is against Advocates Acts)....And yes, I came across the problem and tried to sort it out on much the same issue. Link to comment Share on other sites More sharing options...
Barrie Stevens Posted May 4, 2011 Author Share Posted May 4, 2011 A Llama died in Peru yesterday. Sad, very sad. May have nothing to do with the island at all either. Another appallingly ignorant and insular Manxman! Never mind. In my next topic I shall demonstrate how illegal immigrants get to settle in UK (and Island) by dodging the immigration laws quite legally courtesy of the Church of England...(Can't wait eh? But it applies to the Isle of Man also....Now I am going to make you wait so that you really enjoy it!......Anyone want to steal my thunder? Johnners? Link to comment Share on other sites More sharing options...
When Skies Are Grey Posted May 4, 2011 Share Posted May 4, 2011 I must turn my "self important posting" filter up a little higher.....its clearly still letting stuff through Link to comment Share on other sites More sharing options...
Minxie Posted May 4, 2011 Share Posted May 4, 2011 These days a lot of couple don't believe in marriage and prefer to just live together instead. From a tax perspective, if you live together but don't have children together, then you don't get joint tax relief (or so I was told when I asked at the tax office last year). It's great that they have civil partnerships for same sex couples, but for couples who do live together for a long period of time in a committed relationship, they should have the same legal rights as married couples when it comes to taxation and division of assets (although some have legal agreements drawn up in advance just in case). Link to comment Share on other sites More sharing options...
GD4ELI Posted May 4, 2011 Share Posted May 4, 2011 These days a lot of couple don't believe in marriage and prefer to just live together instead. From a tax perspective, if you live together but don't have children together, then you don't get joint tax relief (or so I was told when I asked at the tax office last year). It's great that they have civil partnerships for same sex couples, but for couples who do live together for a long period of time in a committed relationship, they should have the same legal rights as married couples when it comes to taxation and division of assets (although some have legal agreements drawn up in advance just in case). If you want the same rights - get married. Nevertheless post-divorce my father managed to pay sod-all despite being a doctor so my mother went back to work as a teacher (Ballaugh) to keep her little cherrub supplied with fish fingers & other essentials. Link to comment Share on other sites More sharing options...
John Wright Posted May 4, 2011 Share Posted May 4, 2011 Well we shall have to see what the judgement says. The IOM looks at law from common law countries all over the commonwealth Barrie and English land law is peculiar, with interests being in the proceeds of sale behind a trust for sale in all cases of joint ownership, so the position appears fixed by the intention at the time of purchase, not what happens subsequently. in other words it is a trust case, not a conveyancing case. Manx conveyancing whilst similar to an extent to English still has legal tenancies in common and joint tenancies and no trust for sale in most We have our own extensive and interesting case law on the judgments.im website, our jurusprudence is a bit more flexible than taht in England at present. I think, but many cases are on their facts. I always advised couples, married or not to sign a deed that set out who was to do and pay for what and who was to get what in case of separation. Kernott v Jones is a acase, possibly, of two lower courts chasing off on a frolic of their own and assuming powers they do not have. The Court of Appeal stopped them. A living together agreement is always to be reccomended for anyone not married or in a civil partnership. I agre we need to introduce rights for people living together, on separation and death, based on length of relationship and children, maybe with opt ins and outs Link to comment Share on other sites More sharing options...
Mutley Posted May 4, 2011 Share Posted May 4, 2011 A living together agreement is always to be reccomended for anyone not married or in a civil partnership. Agreed. Saved a lot of grief and hassle for me and my ex. It's difficult to broach the subject at the start when it's all love and roses but very worthwhile - from a financial point of view but more from a sanity pov. Saves on any extra arguments! Link to comment Share on other sites More sharing options...
Terse Posted May 4, 2011 Share Posted May 4, 2011 A Llama died in Peru yesterday. Sad, very sad. May have nothing to do with the island at all either. It has a cousin at the wildlife park who, even as we speak, is being pestered for a quote by John Moss. Link to comment Share on other sites More sharing options...
spook Posted May 4, 2011 Share Posted May 4, 2011 It's a shame that people can't simply register a relationship in a way that protects jointly acquired property rights and obligations without having to go through the rigmarole of a marriage or entering into a Civil Partnership. It would be great if every couple did get married, but such has never been the case, isn't the case now, and never will be the case, and so something is desperately needed to address this minefield. Link to comment Share on other sites More sharing options...
hboy Posted May 4, 2011 Share Posted May 4, 2011 Major case at UK Supreme Court today ie Kernott v Jones about division of property between unmarried couple long separated. Judgement due around/after 10.30 am. Details on Supreme Court website and article by one of the Larned Friends. This could clear up some loose ends and set a precedent. May not seem to apply directly to Isle of Man but often English cases are taken into account and said to be persuasive if Manx law is silent etc. This case seems to hinge on a Court's decision to order that which is fair (as in divorce) as opposed to following the letter of the law......Worth watching as so many today do live over the brush! (And many still cling to the myth of Common Law Marriage and Common Law Wife.....) Bet you wish you had a woman Barrie ... Link to comment Share on other sites More sharing options...
Merkin Posted May 4, 2011 Share Posted May 4, 2011 It's a shame that people can't simply register a relationship in a way that protects jointly acquired property rights and obligations without having to go through the rigmarole of a marriage or entering into a Civil Partnership. It would be great if every couple did get married, but such has never been the case, isn't the case now, and never will be the case, and so something is desperately needed to address this minefield. Hooray for that. Couldn't agree more. Link to comment Share on other sites More sharing options...
censorship Posted May 5, 2011 Share Posted May 5, 2011 Permanent or temporary remains to be seen This may be the scariest comment ever posted... Link to comment Share on other sites More sharing options...
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