Jack v Marshall or Jack [2015] ScotCS CSOH_91 (14 July 2015)

Jack v Marshall or Jack [2015] ScotCS CSOH_91 (14 July 2015)

Torbanehill Mains Farm was transferred to the pursuer by gift from his father and is not partnership or matrimonial property. The pursuer's interest in the partnership was also acquired by gift. Equal sharing of agreed matrimonial property is appropriate. Defender is entitled to a capital sum and periodical allowance due to her limited earning prospects and modest income.

Citation
[2015] ScotCS CSOH_91
Parties
Pursuer: Andrew Jack; Defender: Isobel Margaret Marshall or Jack
Jurisdiction
Scotland
Judgment Date
14 July 2015
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; capital sum and periodical allowance awarded; transfer of partnership interest ordered; defender's claim for farmhouse dismissed
Legal Topics
Divorce, Matrimonial Property, Partnership Property, Financial Provision, Periodical Allowance
Family Law Divorce Matrimonial Property Partnership Property Financial Provision Periodical Allowance

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 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Andrew Jack

Pursuer

Isobel Margaret Marshall or Jack

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether Torbanehill Mains Farm constitutes partnership property or matrimonial property
  2. 2 Valuation and distribution of matrimonial property
  3. 3 Entitlement to capital sum and periodical allowance

Ratio Decidendi

Torbanehill Mains Farm was transferred to the pursuer by gift from his father and is not partnership or matrimonial property. The pursuer's interest in the partnership was also acquired by gift. Equal sharing of agreed matrimonial property is appropriate. Defender is entitled to a capital sum and periodical allowance due to her limited earning prospects and modest income.

Court Disposition

Decree of divorce granted; capital sum and periodical allowance awarded; transfer of partnership interest ordered; defender's claim for farmhouse dismissed

Orders

  • Decree of divorce in favour of pursuer
  • Order for transfer to pursuer of defender's interest in Andrew Jack Farmers