Weissenbruch v Weissenbruch
| Jurisdiction | Scotland |
| Judgment Date | 24 May 1961 |
| Docket Number | No. 36. |
| Date | 24 May 1961 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Cameron.
TrustProof of trustEvidenceHusband and WifeHeritable and moveable property bought during subsistence of marriage by husband in wife's nameSubsequent divorceWhether proof of ownership restricted to writ or oathAct 1696, cap. 25.
A husband bought a farm in his wife's name in order to facilitate the obtaining of a building society loan. For the same reason he bought, and later sold, two houses in his wife's name. The proceeds of sale of the houses were lodged on deposit receipt in the wife's name. When the husband turned his engineering business into a private limited company, he took 1500 of the shares in his wife's name so that he would not appear on the register of the company as the sole shareholder. He later sold these shares at par. Thereafter, the wife divorced her husband. Before the divorce proceedings were concluded, the husband raised an action for declarator that he was in right of the property held in his wife's name. In her defences the wife pleaded that the husband's averments amounted to allegations of trust and could only be proved by writ or oath in terms of the Act 1696, cap. 25.
Held by the Lord...
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Stack v Dowden
...made to the purchase of the house and to its upkeep and improvement during their relationship: Galloway v Galloway, 1929 SC 160; Wissenbruch v Wissenbruch, 1961 SC 340; Denvir v Denvir, 1969 SLT 301. Proof of these matters has been made easier by the abolition of the requirement of proof ......