Conduct of farm business did not determine farm ownership

Familiar farming issues arose in Jack v Jack [2015] CSOH 91 (14 July 2015). A long marriage, a dispute over whether land conveyed by the husband’s father was matrimonial property, and a wife who was assumed as a partner in the business and carried out much of the day to day administration of the farm.

Lord Brailsford determined that the farmland – worth £1.75 million by the time of proof – was not partnership property and by extension not matrimonial property. The intention of the father was to gift title to his son. This was the evidence of the titles. The facts that the partnership insured the land and buildings, and that the single farm subsidy was claimed by the partnership, did not alter the ownership of the land itself. The partnership merely occupied the land and made use of it for farming purposes.

At 58, the wife was however entitled to periodical allowance of £1,400 per month for three years. She was closely connected to the area, where employment opportunities were scarce for someone of her age, and her background was largely in farm administration.