JOHN McCUSKER KELLY CORBETT v. JANET WALLACE SCOTT OR CROMBIE OR CORBETT [2009] ScotSC 127 (22 July 2009)

JOHN McCUSKER KELLY CORBETT v. JANET WALLACE SCOTT OR CROMBIE OR CORBETT [2009] ScotSC 127 (22 July 2009)

The property was acquired by the respondent as an investment, not for use by both parties as a family home; thus, it does not constitute matrimonial property under s10(4)(a) of the 1985 Act and is not subject to division.

Citation
[2009] ScotSC 127
Parties
Pursuer and Appellant: JOHN McCUSKER KELLY CORBETT; Defender and Respondent: JANET WALLACE SCOTT or CROMBIE or CORBETT
Jurisdiction
Scotland
Judgment Date
22 July 2009
Procedural Posture
Family Law Appeal / Appeal From Sheriff's Interlocutor
Outcome
Appeal refused; sheriff's decision adhered to.
Legal Topics
Matrimonial Property, Division of Assets on Divorce, Interpretation of Family Law (scotland) Act 1985 S10(4)(a)
Family Law Matrimonial Property Division of Assets on Divorce Interpretation of Family Law (scotland) Act 1985 S10(4)(a)

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Parties

JOHN McCUSKER KELLY CORBETT

Pursuer and Appellant

JANET WALLACE SCOTT or CROMBIE or CORBETT

Defender and Respondent

Procedural Posture

Family Law Appeal / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether property acquired before marriage was 'matrimonial property' under s10(4)(a) of the Family Law (Scotland) Act 1985
  2. 2 Whether the purpose of acquisition was as an investment or for use as a family home

Ratio Decidendi

The property was acquired by the respondent as an investment, not for use by both parties as a family home; thus, it does not constitute matrimonial property under s10(4)(a) of the 1985 Act and is not subject to division.

Court Disposition

Appeal refused; sheriff's decision adhered to.

Orders

  • Pursuer and appellant found liable to defender and respondent in expenses of the appeal.
  • Account of expenses to be lodged and remitted to Auditor of Court to tax and report.