H against I (Sheriff Court Civil) [2025] SCSTI 63 (25 July 2025)
The pursuer failed to prove, on the balance of probabilities, that the defender's conduct justified transfer of the tenancy. The evidence was insufficiently corroborated, and the defender was found to be the more suitable tenant due to financial stability and lack of independent evidence supporting the pursuer's allegations.
- Citation
- [2025] SCSTI 63
- Parties
- Pursuer: H; Defender: I
- Jurisdiction
- Scotland
- Judgment Date
- 25 July 2025
- Procedural Posture
- Civil / Judgment After Proof
- Outcome
- Divorce granted; transfer of tenancy refused; no compensation awarded; expenses reserved.
- Legal Topics
- Divorce, Matrimonial Homes, Tenancy Transfer, Domestic Abuse Allegations
Case Brief
Summary, issues, holding and outcome
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Parties
H
Pursuer
I
Defender
Procedural Posture
Civil / Judgment After Proof
Legal Issues
- 1 Whether the pursuer is entitled to transfer of tenancy under the Matrimonial Homes (Family Protection) (Scotland) Act 1981
- 2 Whether the marriage has broken down irretrievably
- 3 Assessment of parties' conduct and suitability for tenancy
Ratio Decidendi
The pursuer failed to prove, on the balance of probabilities, that the defender's conduct justified transfer of the tenancy. The evidence was insufficiently corroborated, and the defender was found to be the more suitable tenant due to financial stability and lack of independent evidence supporting the pursuer's allegations.
Court Disposition
Divorce granted; transfer of tenancy refused; no compensation awarded; expenses reserved.
Orders
- Divorces the pursuer from the defender.
- Refuses the crave for transfer of tenancy.
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