Father wins £480,000 court battle to evict son in 'homecoming' row

Published on Tuesday 3 November 2009 21:09

A WEALTHY pensioner has won a court battle to recover ownership of two homes bought with almost £480,000 of his money but put in the name of his son.

The fall-out between David McGraddie, 73, and Rodger McGraddie, 53, occurred after the father returned to Scotland from the United States where he had been a successful businessman.

Mr McGraddie snr alleged fraud by his son, while his son claimed his father had reneged on a gift of 285,000 after the money had been spent.

Lord Brodie, hearing the case at the Court of Session in Edinburgh, commented: "Not every homecoming is free from complications."

The court heard that, in late 2005, Rodger McGraddie, a property developer, visited his parents along with his partner, Lorna Green, and their teenage son, Richard.

His mother, Joyce, was terminally ill and it was decided that Mr and Mrs McGraddie would move back to Glasgow from New Mexico, where they had been living. They asked their son to find them a suitable home, and he chose a new ground-floor flat on the south side of Glasgow.

David McGraddie transferred 193,000 to his son, and the flat was bought and registered in his son's name. The couple moved in on 1 January, 2006, but Mrs McGraddie died six days later. Mr McGraddie remained in the flat.

A year later, he wrote a cheque for 285,000 for his son, who then bought a large, detached house in Stewarton, Ayrshire, in the names of himself and his partner. They still live in the house.

In the court action, Mr McGraddie snr said his son had been instructed to act as his agent in arranging both purchases for him and, wrongly and without authority, had put the houses in his own name and that of his partner.

Mr McGraddie snr said he had wanted to move to Stewarton, but when the house was ready, his son and partner moved in.

Mr McGraddie jnr insisted the 285,000 had been a gift to do with what he wanted.

Lord Brodie said: "Each side accused the other of lying. In his evidence, Mr McGraddie snr used the word 'fraud' to describe the behaviour of his son.

"What (the couple] allege against him is hardly more attractive: a father reneging on a gift of a substantial sum of money to his son and the mother of his grandchild once that gift had been spent, and then taking them to court to deprive them of their home."

The judge continued: "My impression of Mr McGraddie snr was of a retired businessman for whom making money, as he had done, was important and an indication not simply of competence but also of worth as a person.

"I discerned nothing to suggest he would be particularly generous."

Lord Brodie found in favour of Mr McGraddie snr, giving him ownership of both houses.

Mr McGraddie jnr said he was considering an appeal. He said: "I am stunned by it (the decision], utterly stunned. It looks as though he (Mr McGraddie Snr] wants to make us bankrupt and put us out on the street."

Mr McGraddie snr said: "I'm just glad it's over. The case has gone on for so long."