Claire Louise Robertson against Gordie Wallace (Sheriff Court Civil) [2026] SCAIR 42 (27 March 2026)

Claire Louise Robertson against Gordie Wallace (Sheriff Court Civil) [2026] SCAIR 42 (27 March 2026)

The defender derived a net economic advantage of £37,240 from the pursuer's contributions, particularly significant deposits and renovation costs for jointly owned properties, which was only partially offset by any disadvantage suffered by the defender. The pursuer's contributions far exceeded those of the defender. Applying section 28 of the Family Law (Scotland) Act 2006 and the principle of fairness, the court awarded the pursuer a capital sum of £10,424, representing half of the net economic advantage, with interest, and ordered division of the proceeds of sale of 55C Main Street, Chapelhall accordingly.

Citation
[2026] SCAIR 42
Parties
Pursuer: Claire Louise Robertson; Defender: Gordie Wallace
Jurisdiction
Scotland
Judgment Date
27 March 2026
Procedural Posture
Civil Cohabitation Claim / Final Judgment After Proof
Outcome
Judgment for the pursuer.
Legal Topics
Cohabitation, Financial Provision, Economic Advantage and Disadvantage, Division and Sale of Property
Family Law Cohabitation Financial Provision Economic Advantage and Disadvantage Division and Sale of Property

Case Brief

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Parties

Claire Louise Robertson

Pursuer

Gordie Wallace

Defender

Procedural Posture

Civil Cohabitation Claim / Final Judgment After Proof

Legal Issues

  1. 1 What is the appropriate financial provision under section 28 of the Family Law (Scotland) Act 2006 following the end of cohabitation?
  2. 2 What is the date of cessation of cohabitation?
  3. 3 What are the parties' respective economic advantages and disadvantages?

Ratio Decidendi

The defender derived a net economic advantage of £37,240 from the pursuer's contributions, particularly significant deposits and renovation costs for jointly owned properties, which was only partially offset by any disadvantage suffered by the defender. The pursuer's contributions far exceeded those of the defender. Applying section 28 of the Family Law (Scotland) Act 2006 and the principle of fairness, the court awarded the pursuer a capital sum of £10,424, representing half of the net economic advantage, with interest, and ordered division of the proceeds of sale of 55C Main Street, Chapelhall accordingly.

Court Disposition

Judgment for the pursuer.

Orders

  • Defender to pay pursuer a capital sum of £10,424 sterling with interest at 8% per annum from decree until payment.
  • Free proceeds of sale of 55C Main Street, Chapelhall to be divided equally after specified deductions, with £10,424 to be paid to the pursuer from the defender's net proceeds before distribution of balances.