Adela v Savy (MA 250/2017 (arising in DC 160/2016)) [2020] SCSC 470 (26 March 2020)

Adela v Savy (MA 250/2017 (arising in DC 160/2016)) [2020] SCSC 470 (26 March 2020)

Both parties are joint owners of the matrimonial home, each entitled to a half share. The petitioner, residing with the children, is given first option to reimburse the respondent for his half share and loan contribution within six months to become sole owner. Failing that, the respondent may reimburse the petitioner for her share and loan contribution to become sole owner. If neither party pays, the property is to be sold and proceeds divided after loan repayment.

Citation
[2020] SCSC 470
Parties
Petitioner: Debra Sheila Adela; Respondent: Steve Peter Savy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2020
Case Number
MA 250/2017 (arising in DC 160/2016)
Procedural Posture
Matrimonial Property Adjustment / Judgment
Outcome
matrimonial property divided equally; conditional buy-out options granted; sale if unresolved
Legal Topics
Matrimonial Property, Division of Assets, Contribution to Matrimonial Property, Property Adjustment Order
Source Language
English
Family Law Matrimonial Property Division of Assets Contribution to Matrimonial Property Property Adjustment Order

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Parties

Debra Sheila Adela

Petitioner

Steve Peter Savy

Respondent

Procedural Posture

Matrimonial Property Adjustment / Judgment

Legal Issues

  1. 1 Entitlement to shares in matrimonial home after divorce
  2. 2 Assessment of contributions to matrimonial property
  3. 3 Appropriate division of matrimonial assets

Ratio Decidendi

Both parties are joint owners of the matrimonial home, each entitled to a half share. The petitioner, residing with the children, is given first option to reimburse the respondent for his half share and loan contribution within six months to become sole owner. Failing that, the respondent may reimburse the petitioner for her share and loan contribution to become sole owner. If neither party pays, the property is to be sold and proceeds divided after loan repayment.

Court Disposition

matrimonial property divided equally; conditional buy-out options granted; sale if unresolved

Orders

  • Petitioner to have first option to reimburse respondent SR 167,000 (half share) plus SR 53,000 (loan contribution) within 6 months to become sole owner.
  • If petitioner fails, respondent to have 6 months to reimburse petitioner SR 167,000 (half share) plus SR 281,000 (loan repayment) and assume outstanding loan to become sole owner.