HARRIS (AP) v. HARRIS (AP) [2013] ScotSC 72 (22 October 2013)

HARRIS (AP) v. HARRIS (AP) [2013] ScotSC 72 (22 October 2013)

The court held that the pursuer was entitled to an unequal share of the matrimonial property due to her contribution of inherited funds, which constituted a special circumstance under section 10(6)(b) of the Family Law (Scotland) Act 1985. The court awarded a capital sum of £65,673 to the pursuer, reflecting the balance of her inherited funds contributed to the matrimonial property, and ordered the sale of the matrimonial home in April 2013, rejecting the defender's request to postpone sale until the youngest child turned 16.

Citation
[2013] ScotSC 72
Parties
Pursuer: Harris (AP); Defender: Harris (AP)
Jurisdiction
Scotland
Judgment Date
22 October 2013
Procedural Posture
Divorce and Financial Provision / Final Judgment
Outcome
Decree of divorce granted; unequal division of matrimonial property in favour of pursuer; order for sale of matrimonial home; capital sum awarded to pursuer; expenses awarded to pursuer as assisted person.
Legal Topics
Divorce, Financial Provision on Divorce, Matrimonial Property, Unequal Division of Assets, Inheritance and Matrimonial Property, Sale of Matrimonial Home
Family Law Divorce Financial Provision on Divorce Matrimonial Property Unequal Division of Assets Inheritance and Matrimonial Property Sale of Matrimonial Home

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Parties

Harris (AP)

Pursuer

Harris (AP)

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment

Legal Issues

  1. 1 Whether the pursuer should recover inherited funds contributed to matrimonial property
  2. 2 Whether an unequal division of matrimonial property is justified under the Family Law (Scotland) Act 1985
  3. 3 Whether the matrimonial home should be sold immediately or sale postponed until the youngest child is 16

Ratio Decidendi

The court held that the pursuer was entitled to an unequal share of the matrimonial property due to her contribution of inherited funds, which constituted a special circumstance under section 10(6)(b) of the Family Law (Scotland) Act 1985. The court awarded a capital sum of £65,673 to the pursuer, reflecting the balance of her inherited funds contributed to the matrimonial property, and ordered the sale of the matrimonial home in April 2013, rejecting the defender's request to postpone sale until the youngest child turned 16.

Court Disposition

Decree of divorce granted; unequal division of matrimonial property in favour of pursuer; order for sale of matrimonial home; capital sum awarded to pursuer; expenses awarded to pursuer as assisted person.

Orders

  • Divorces the defender from the pursuer.
  • Finds the defender liable to pay the pursuer a capital sum of £65,673 sterling.