O'Mahony v. Connolly [2005] ScotCS CSIH_78 (18 November 2005)

O'Mahony v. Connolly [2005] ScotCS CSIH_78 (18 November 2005)

The sheriff's division of property was fair and appropriate, justified by special circumstances including the needs of the disabled child. The court ordered a clean break by requiring transfer and sale of the jointly owned property, with proceeds to be divided and arrears of aliment deducted from the equalising payment.

Citation
[2005] ScotCS CSIH_78
Parties
Pursuer/respondent: Mary O'Mahony or Connolly; Defender/appellant: John Joseph Connolly
Jurisdiction
Scotland
Judgment Date
18 November 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal refused except for variation of the sheriff's interlocutor regarding finding 4(f).
Legal Topics
Divorce, Division of Matrimonial Property, Residence Order, Aliment, Child Welfare
Family Law Divorce Division of Matrimonial Property Residence Order Aliment Child Welfare

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Mary O'Mahony or Connolly

Pursuer/respondent

John Joseph Connolly

Defender/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 fair division of matrimonial property
  2. 2 residence and contact orders for children
  3. 3 arrears of aliment

Ratio Decidendi

The sheriff's division of property was fair and appropriate, justified by special circumstances including the needs of the disabled child. The court ordered a clean break by requiring transfer and sale of the jointly owned property, with proceeds to be divided and arrears of aliment deducted from the equalising payment.

Court Disposition

Appeal refused except for variation of the sheriff's interlocutor regarding finding 4(f).

Orders

  • Defender to execute disposition transferring his half share in 11 Heatherton Drive to pursuer.
  • Pursuer to proceed with sale of 11 Heatherton Drive at fair open market price and deposit proceeds at disposal of court.