F against T (Sheriff Court Civil) [2026] SCSTI 1 (10 October 2025)
It is just and reasonable to order sale and equal division of the matrimonial home, as neither party demonstrated special need, the defender failed to provide a viable alternative proposal, and the child's interests would not be adversely affected by the sale.
- Citation
- [2026] SCSTI 1
- Parties
- Pursuer: F; Defender: T
- Jurisdiction
- Scotland
- Judgment Date
- 10 October 2025
- Procedural Posture
- Divorce and Property Division / Final Judgment After Proof
- Outcome
- Divorce granted; order for sale and equal division of matrimonial home; contact order for child J; expenses reserved.
- Legal Topics
- Divorce, Matrimonial Property, Child Contact, Division and Sale of Matrimonial Home
Case Brief
Summary, issues, holding and outcome
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Parties
F
Pursuer
T
Defender
Procedural Posture
Divorce and Property Division / Final Judgment After Proof
Legal Issues
- 1 Whether the marriage has broken down irretrievably
- 2 Whether an order for division and sale of the matrimonial home should be made
- 3 What contact arrangements are appropriate for the child J
Ratio Decidendi
It is just and reasonable to order sale and equal division of the matrimonial home, as neither party demonstrated special need, the defender failed to provide a viable alternative proposal, and the child's interests would not be adversely affected by the sale.
Court Disposition
Divorce granted; order for sale and equal division of matrimonial home; contact order for child J; expenses reserved.
Orders
- Divorces the pursuer from the defender.
- Orders sale of the matrimonial home and equal division of net proceeds.
Full Case Text
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