Grant v Grant

Husband and wife – Divorce – Financial provision – Matrimonial property. Sheriff Appeal Court: In divorce proceedings in which the wife sought payment of a capital sum and the sheriff found that a plot of land on which a house had been built was not matrimonial property, whereas what he described as 'the building materials that came to represent the physical embodiment of the house' were, the husband having acquired the plot of land before he and the wife were in an established relationship and subsequently built a house on the land in which they lived together as a family, the court held that the sheriff had erred and the plot of land and the house built thereon could form matrimonial property: the property in question comprised both the house and the land on which it was erected; it was a single item of property not, as the sheriff determined, property which fell in to two separate classes, and the single item of property in issue could only have been 'acquired' as and when the house was completed.

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