MRS. GILLIAN GRACE RATTRAY OR ADAMS v. ROBERT CAREY ADAMS [2009] ScotSC 172 (17 November 2009)

MRS. GILLIAN GRACE RATTRAY OR ADAMS v. ROBERT CAREY ADAMS [2009] ScotSC 172 (17 November 2009)

The court held that the Pursuer's offer of £280,000 for the matrimonial home was reasonable in all the circumstances, given the length of time the property had been on the market and the lack of higher offers. The order for sale was justified under the Family Law (Scotland) Act 1985, with net proceeds to be divided equally and reimbursement for mortgage payments made by the Pursuer from the Defender's share. The court refused to order vacant possession, as the Defender's occupancy rights could not be overridden except by an exclusion order, which was not applicable.

Citation
[2009] ScotSC 172
Parties
Pursuer: Mrs. Gillian Grace Rattray or Adams; Defender: Robert Carey Adams
Jurisdiction
Scotland
Judgment Date
17 November 2009
Procedural Posture
Family Law Matrimonial Property Division / Interlocutory Order on Motion for Sale of Matrimonial Home Prior to Divorce
Outcome
Order for sale granted to Pursuer at £280,000; net proceeds to be divided equally after deduction of sale expenses and mortgage; £11,140 to be paid from Defender's share to Pursuer; vacant possession refused; further hearing appointed for unresolved issues.
Legal Topics
Matrimonial Property Division, Order for Sale of Matrimonial Home, Occupancy Rights, Mortgage Reimbursement
Family Law Property Law Matrimonial Property Division Order for Sale of Matrimonial Home Occupancy Rights Mortgage Reimbursement

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Parties

Mrs. Gillian Grace Rattray or Adams

Pursuer

Robert Carey Adams

Defender

Procedural Posture

Family Law Matrimonial Property Division / Interlocutory Order on Motion for Sale of Matrimonial Home Prior to Divorce

Legal Issues

  1. 1 Whether an order for sale of the matrimonial home to one spouse prior to divorce is justified under the Family Law (Scotland) Act 1985
  2. 2 Whether vacant possession can be ordered in favour of the purchasing spouse
  3. 3 How proceeds of sale and mortgage reimbursements should be divided

Ratio Decidendi

The court held that the Pursuer's offer of £280,000 for the matrimonial home was reasonable in all the circumstances, given the length of time the property had been on the market and the lack of higher offers. The order for sale was justified under the Family Law (Scotland) Act 1985, with net proceeds to be divided equally and reimbursement for mortgage payments made by the Pursuer from the Defender's share. The court refused to order vacant possession, as the Defender's occupancy rights could not be overridden except by an exclusion order, which was not applicable.

Court Disposition

Order for sale granted to Pursuer at £280,000; net proceeds to be divided equally after deduction of sale expenses and mortgage; £11,140 to be paid from Defender's share to Pursuer; vacant possession refused; further hearing appointed for unresolved issues.

Orders

  • Sale of heritable property at Darnick, Kinnoull Terrace, Perth to Pursuer at £280,000 with entry as at 8 January 2010
  • Sheriff Clerk authorised to execute necessary deeds if parties fail to do so