Sabadin v Sabadin (MA 247/2011) [2014] SCSC 35 (31 January 2014)

Sabadin v Sabadin (MA 247/2011) [2014] SCSC 35 (31 January 2014)

The petitioner is entitled to 40% of the value of the matrimonial home based on her overall contribution, both financial and in kind, despite the property being substantially paid for by the respondent. The property is to be transferred to the respondent upon payment of SR200,000.00 to the petitioner within six months, failing which the petitioner may pay SR300,000.00 to the respondent to acquire sole ownership. If neither complies, the property is to be sold and proceeds shared 40:60 between petitioner and respondent.

Citation
[2014] SCSC 35
Parties
Petitioner: Josette Sabadin; Respondent: Robert Sabadin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 January 2014
Case Number
MA 247/2011
Procedural Posture
Matrimonial Property Settlement / Ruling
Outcome
petition partially allowed
Legal Topics
Matrimonial Property, Division of Assets, Procedural Compliance, Contributions to Marriage
Source Language
English
Family Law Matrimonial Property Division of Assets Procedural Compliance Contributions to Marriage

Case Brief

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Parties

Josette Sabadin

Petitioner

Robert Sabadin

Respondent

Procedural Posture

Matrimonial Property Settlement / Ruling

Legal Issues

  1. 1 Whether the petitioner is entitled to be declared sole owner of parcel V9936
  2. 2 Whether the petition was filed out of time and without leave
  3. 3 How matrimonial property should be apportioned given the parties' contributions

Ratio Decidendi

The petitioner is entitled to 40% of the value of the matrimonial home based on her overall contribution, both financial and in kind, despite the property being substantially paid for by the respondent. The property is to be transferred to the respondent upon payment of SR200,000.00 to the petitioner within six months, failing which the petitioner may pay SR300,000.00 to the respondent to acquire sole ownership. If neither complies, the property is to be sold and proceeds shared 40:60 between petitioner and respondent.

Court Disposition

petition partially allowed

Orders

  • Respondent to pay petitioner SR200,000.00 within six months for her share; property to be registered in respondent's sole name thereafter.
  • If respondent fails, petitioner may pay respondent SR300,000.00 within the next six months to acquire sole ownership.