Esparon v Esparon (DC 59/2008) [2012] SCSC 5 (2 February 2012)

Esparon v Esparon (DC 59/2008) [2012] SCSC 5 (2 February 2012)

Despite the property being registered in the respondent's sole name, both parties made contributions, with the applicant making a greater cash contribution. Equity requires the property be considered jointly owned and divided 60% to the applicant and 40% to the respondent, with a clean break preferred by both parties.

Citation
[2012] SCSC 5
Parties
Applicant: Esparon; Respondent: Esparon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 February 2012
Case Number
DC 59/2008
Procedural Posture
Matrimonial Property Division / Judgment
Outcome
Matrimonial property declared jointly owned; shares apportioned 60% to applicant and 40% to respondent; clean break ordered with options for parties to buy out each other's shares or sale on open market.
Legal Topics
Matrimonial Property, Division of Assets, Contribution to Matrimonial Assets, Clean Break Principle
Source Language
English
Family Law Property Law Matrimonial Property Division of Assets Contribution to Matrimonial Assets Clean Break Principle

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Parties

Esparon

Applicant

Esparon

Respondent

Procedural Posture

Matrimonial Property Division / Judgment

Legal Issues

  1. 1 Whether the matrimonial property registered in the respondent's sole name should be settled in the applicant's sole name or divided between the parties
  2. 2 What proportion of the matrimonial assets each party is entitled to based on their contributions

Ratio Decidendi

Despite the property being registered in the respondent's sole name, both parties made contributions, with the applicant making a greater cash contribution. Equity requires the property be considered jointly owned and divided 60% to the applicant and 40% to the respondent, with a clean break preferred by both parties.

Court Disposition

Matrimonial property declared jointly owned; shares apportioned 60% to applicant and 40% to respondent; clean break ordered with options for parties to buy out each other's shares or sale on open market.

Orders

  • Respondent has first option to purchase applicant's 60% share within 6 months; if not exercised, applicant may purchase respondent's 40% share within the next 6 months; if neither exercises option, property to be sold and proceeds divided 60/40.
  • Upon purchase of shares, sole ownership and registration to vest in purchasing party; judgment and proof of payment sufficient for Land Registrar to effect transfer.