GG AGAINST WG [2017] ScotSC 35 (07 June 2017)

GG AGAINST WG [2017] ScotSC 35 (07 June 2017)

The house, if acquired before marriage for use as a family home, may constitute matrimonial property under s10(4) of the Family Law (Scotland) Act 1985, even if built on land that is not matrimonial property. The land itself does not become matrimonial property merely by virtue of the house being built upon it. Accession does not alter the underlying classification of the assets for the purposes of the Act.

Citation
[2017] ScotSC 35
Parties
Pursuer: GG; Defender: WG
Jurisdiction
Scotland
Judgment Date
07 June 2017
Procedural Posture
Divorce Action / Debate on Preliminary Plea; Interlocutory Judgment on Relevancy and Specification
Outcome
Preliminary plea sustained in part; certain averments excluded from probation; proof before answer allowed on remaining issues; hearing on expenses fixed.
Legal Topics
Matrimonial Property, Accession, Division of Assets on Divorce, Family Home, Specification of Pleadings
Family Law Matrimonial Property Accession Division of Assets on Divorce Family Home Specification of Pleadings

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Parties

GG

Pursuer

WG

Defender

Procedural Posture

Divorce Action / Debate on Preliminary Plea; Interlocutory Judgment on Relevancy and Specification

Legal Issues

  1. 1 Whether a house built before marriage on land owned by one party becomes matrimonial property under the Family Law (Scotland) Act 1985
  2. 2 Whether the land on which the house is built is converted to matrimonial property by the construction of the house
  3. 3 Effect of accession on the classification of matrimonial property

Ratio Decidendi

The house, if acquired before marriage for use as a family home, may constitute matrimonial property under s10(4) of the Family Law (Scotland) Act 1985, even if built on land that is not matrimonial property. The land itself does not become matrimonial property merely by virtue of the house being built upon it. Accession does not alter the underlying classification of the assets for the purposes of the Act.

Court Disposition

Preliminary plea sustained in part; certain averments excluded from probation; proof before answer allowed on remaining issues; hearing on expenses fixed.

Orders

  • Excludes from probation the averments in Article 4 of condescendence relating to the value of the asset and the conversion of land to matrimonial property.
  • Allows parties a proof of their respective averments before answer.