WP v VP - Judgment

¶ ```html <table> <tr> <td>IN THE GRAND COURT OF THE CAYMAN ISLANDS</td> </tr> <tr> <td>FAMILY DIVISION</td> </tr> <tr> <td>CAUSE NO. FAM 0032 OF 2019</td> </tr> <tr> <td>BETWEEN:</td> <td>WP</td> <td>PETITIONER</td> </tr> <tr> <td>AND:</td> <td>VP</td> <td>RESPONDENT</td> </tr> <tr> <td>Appearances:</td> </tr> <tr> <td>Mrs. Sheridan Brooks Q.C. of Brooks &</td> </tr> <tr> <td>Brooks for the Petitioner</td> </tr> <tr> <td>Mr. Lindsey Cacho of Cacho & Cacho</td> </tr> <tr> <td>Attorneys at law for the Respondent</td> </tr> <tr> <td>Before:</td> <td>The Hon. Justice Cheryll Richards Q.C.</td> </tr> <tr> <td>Hearing:</td> <td>4th September 2019</td> </tr> <tr> <td>Draft Judgment Circulated:</td> <td>5th February 2020</td> </tr> <tr> <td>HEADNOTE</td> </tr> <tr> <td>Family Law-Final Ancillaries-Sharing of Matrimonial Assets-Intention of the</td> </tr> <tr> <td>Parties, Common Endeavor</td> </tr> <tr> <td>JUDGMENT</td> </tr> </table> ``` This is a faithful transcription of the document, using Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math. The content is based on the visible text in the image provided.
INTRODUCTION

¶ [1] This matter is before the Court for a decision on final ancillaries following the filing of a Petition for divorce by WP, ("the husband"). By Petition filed on the 7th February 2019, he seeks the dissolution of marriage between himself and VP, ("the wife"), on the basis that the marriage has irretrievably broken down as they have been living separate lives for a period in excess of five years. The wife filed an Acknowledgement of Service on the 20th February 2019 in which she indicated that she did not intend to defend the case. The Petition was ordered proved on the 28th February 2019.

¶ [2] The parties have been married for forty two years. They were married on the 22nd June 1977 in George Town, Grand Cayman. The wife was then aged 19 years and the husband aged 23 years. The husband is now over 65 years of age and the wife was 62 years old on the 3rd September 2019. The husband is an electrician by trade and the wife is employed as a clerical officer and part-time school janitor. There are two children of the marriage, a son, G, born 22nd June 1975 and a daughter, N, born 9th November 1976. Both are adults, aged 44 and 43 years respectively. The wife has a third adult child, RH, born 17th December 1986, now aged 33 years old. RH is not the biological child of the husband. He was born from the wife's relationship with another person, during a period of separation from the husband. However he was raised in the family home, treated as a child of the family and continues to reside there. He is presently unemployed and has no income. The Jamaican national wife was educated in the West Indies while on exchange and returned to Grand Cayman. Following their marriage in 1977, the couple initially resided at the home of
The wife's parents. Prior to the marriage there was association but not cohabitation as they were in separate rooms in the home of the parents. There have been three periods of separation between the couple. The first followed the incarceration of the husband between 1982 and 1985 for an unrelated driving matter. Shortly after his release from prison and his return to the home of the wife’s parents, the wife moved out of that home with the two children of the marriage who were then aged 11 years and 10 years old respectively. She lived with them in a rented studio apartment. RH was born in December 1986. The couple reconciled after about two years. From rented accommodation, the entire family moved into a mortgaged home in 1989. This is at Registration Section, Lower Valley Block 38B Parcel 372. The parties continue to reside in this home through to the present. The land on which the home was built, together with a partially constructed building, was acquired by the wife shortly before the husband’s release from prison. The property was registered in the sole name of the wife on the 2nd May 1986. It continues to be registered in her sole name. The second period of separation was in 2008. Amid accusations of infidelity against the husband, the wife asked him to leave the home and he did. They remained separated for about one year. The husband had previously filed divorce proceedings against the wife on the 18th February 2009. Following their reconciliation, he did not proceed with that application. A notice of discontinuance was eventually filed in those proceedings on the 6th February 2019. The third period of separation is presently ongoing with both parties occupying separate rooms in the house. The husband contributes financially to the household but they are Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 3 of 41
```html <table> <tr> <td>1</td> <td>not together as man and wife. The husband says that this has been ongoing for some</td> </tr> <tr> <td>2</td> <td>seven years since 2012. The wife says that it is for some eleven years. The issue of</td> </tr> <tr> <td>3</td> <td>disagreement between them has been the level of the husband’s financial contributions</td> </tr> <tr> <td>4</td> <td>to the household. The wife being of the view that he “could do better”, became frustrated</td> </tr> <tr> <td>5</td> <td>at the lack of consistency of his contributions and sought the assistance of the Summary</td> </tr> <tr> <td>6</td> <td>Court by way of a maintenance hearing. The husband thereafter filed for divorce.</td> </tr> <tr> <td>7</td> <td>8.</td> <td>The primary issue between the parties is whether the husband has any interest in the</td> </tr> <tr> <td>9</td> <td>home in which they have resided for some 20 years.</td> </tr> <tr> <td>10</td> <td>11</td> <td>THE POSITIONS OF THE PARTIES</td> </tr> <tr> <td>12</td> </tr> <tr> <td>13</td> <td>The husband’s position is that the ancillary matters to be determined are:</td> </tr> <tr> <td>14</td> <td>i. Distribution of the matrimonial home;</td> </tr> <tr> <td>15</td> <td>ii. Disposal of the respective pensions; and</td> </tr> <tr> <td>16</td> <td>iii. Disposal of the respective vehicles.</td> </tr> <tr> <td>17</td> </tr> <tr> <td>18</td> <td>He asserts that he is entitled to a share of the equity in the matrimonial home having</td> </tr> <tr> <td>19</td> <td>made general financial contributions to the household over the period of residence in the</td> </tr> <tr> <td>20</td> <td>home and that he has assisted by providing physical labor for the upkeep and</td> </tr> <tr> <td>21</td> <td>maintenance of the building. In his Affidavit evidence he states that each party should</td> </tr> <tr> <td>22</td> <td>keep their respective vehicles and pension entitlements1, however Counsel on his behalf</td> </tr> <tr> <td>23</td> <td>its that he shled to on</td> </tr> </table> <sup>1</sup> Affidavit of 3<sup>rd</sup> May 2019, paragraphs 30 and 32 <sup>2</sup> Written Submissions of 3<sup>rd</sup> September 2019, paragraphs 43-48 Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 4 of 41 ```
The wife's position is that the matrimonial home is not a matrimonial asset and should remain in her sole name, that there should be no order for spousal support and that the husband should vacate the home. She asserts that in 1986, while the husband was incarcerated, without any assistance from him, she purchased the land and partial structure on which the matrimonial home was built for the amount of $7,000.00. This money came from her personal savings. She made improvements to the unfinished structure on the land as and when she had the funds available to do so before obtaining a mortgage to build the three-bedroom home. It is her case that the husband has never been a party to loan and mortgage arrangements for the property and has never asked for his name to be added to the land register as part owner. The payments towards the mortgage have always been drawn from her salary. Moreover, she asserts that he has, on many occasions, given verbal assurances that he would not seek to acquire an interest in the home if he was not required to pay maintenance to her. THE STATUTORY PROVISIONS The Court's powers in respect of these ancillary proceedings are contained in sections 19 and 21 of the Matrimonial Causes Law (2005 Revision). Section 19 provides that in dealing with all ancillary matters arising under this Law, the Court shall have regard, first of all, to the best interests of any children of a marriage and thereafter to the responsibilities, needs, financial and other resources, actual and potential earning power and the parties. Decides that at the time of pronouncing this decree, the Court shall, as appropriate, make orders for: Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 5 of 41
```html <table> <tr> <td>1</td> <td>(a)</td> <td>the custody, care and control of the children of the marriage;</td> </tr> <tr> <td>2</td> <td>(b)</td> <td>the disposition of matrimonial property, including the matrimonial</td> </tr> <tr> <td>3</td> <td>home;</td> </tr> <tr> <td>4</td> <td>(c)</td> <td>varying any settlement of the property of the spouses made in</td> </tr> <tr> <td>5</td> <td>consideration of the marriage, whether such settlement was made</td> </tr> <tr> <td>6</td> <td>before or upon the treaty of the said marriage.</td> </tr> <tr> <td>7</td> <td>(d)</td> <td>varying any other settlement of matrimonial property;</td> </tr> <tr> <td>8</td> <td>(e)</td> <td>making financial provision from the property of either spouse for</td> </tr> <tr> <td>9</td> <td>the children of the marriage and for the other spouse;</td> </tr> <tr> <td>10</td> <td>(f)</td> <td>providing for periodic payments to be made by either spouse for the</td> </tr> <tr> <td>11</td> <td>benefit of the children of the marriage and for the other spouse;</td> </tr> <tr> <td>12</td> <td>(e)</td> <td>and costs."</td> </tr> <tr> <td>13</td> </tr> <tr> <td>14.</td> <td>The subsections which are most relevant to this application are 21 (b) and (e).</td> </tr> <tr> <td>15</td> </tr> <tr> <td>16.</td> <td>There is guidance from the Cayman Islands Court of Appeal (CICA) in the case of</td> </tr> <tr> <td>17.</td> <td>McTaggart v. McTaggart 4 as to the interrelationship between these two provisions of</td> </tr> <tr> <td>18.</td> <td>the Law and their application. This includes that a court will need to consider whether</td> </tr> <tr> <td>19.</td> <td>having regard to the s.19 factors, an order under s.21(b) of the Law for the disposition</td> </tr> <tr> <td>20.</td> <td>of matrimonial property will make appropriate provision for the relevant party with</td> </tr> <tr> <td>21.</td> <td>regard to their needs, the level of compensation and sharing. If disposition of</td> </tr> <tr> <td>22.</td> <td>matrimonial property will not allow for the appropriate provision to be made, then the</td> </tr> <tr> <td>23.</td> <td>court should go on to consider whether to make an order under s.21(e) that financial</td> </tr> <tr> <td>24.</td> <td>provision be made from the property of either spouse for the other spouse. A court should</td> </tr> <tr> <td>25.</td> <td>not make an order for periodic payments under s. 21(f) without good reason. Such good</td> </tr> <tr> <td>26.</td> <td>reason would arise where the combination of orders under s.21(b) and (e) are insufficient</td> </tr> <tr> <td>27.</td> <td>to sae strands of need, compensation and sharing.</td> </tr> <tr> <td>28.</td> <td>3 Error lettering as in the Law</td> </tr> <tr> <td>4 McTaggart v. McTaggart [2011] (2) CILR 390</td> </tr> <tr> <td>5 McTaggart v. McTaggart [2011] (2) CILR 390 - Paragraphs 42 and 43</td> </tr> </table> Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 6 of 41

¶ [16] Additionally the appellate Court made it clear that although the s.19 factors are less extensive than those in England and Wales, in the Matrimonial Cause Act 1973 as amended by the Matrimonial and Family Proceedings Act 1984, the approach in the Cayman Islands should be the same as in that jurisdiction.⁶ A court in exercising its powers under the statutory provisions should therefore consider all the circumstances of a case to include the following: (a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire; (b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future; (c) the standard of living enjoyed by the family before the breakdown of the marriage; (d) the age of each party to the marriage and the duration of the marriage; (e) any physical or mental disability of either of the parties to the marriage; (f) the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family; (g) the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it; (h) in the case of proceedings for divorce . . . the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.⁷ ⁶ McTaggart v. McTaggart [2011] (2) CILR 390 - Paragraph 39 ⁷ Statutory Factors in England and Wales Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 7 of 41
APPLICABLE PRINCIPLES

¶ [17] In considering the division of matrimonial property pursuant to s.21 of the Matrimonial Causes Law (2005 Revision) a court should first determine what constitutes matrimonial property.⁸

¶ [18] The leading cases from England and Wales which have been cited with approval in this jurisdiction are the cases of White and White⁹ and Miller v. Miller, McFarlane v. McFarlane.¹⁰ In White and White, Lord Nicholls of Birkenhead in considering inherited money or property, and property owned by one spouse before the marriage said this: "In fairness, where this property still exists, the spouse to whom it was given should be allowed to keep it. Conversely the other spouse has a weaker claim to such property than he or she may have regarding matrimonial property. Plainly, when present, this factor is one of the circumstances of the case. It represents a contribution made to the welfare of the family by one of the parties to the marriage. The judge should take it into account. He should decide how important it is in the particular case. The nature and value of the property, and the time when and circumstances in which the property was acquired, are among the relevant matters to be considered."

¶ [19] The guidance from the case of Miller v. Miller, McFarlane v. McFarlane includes that in considering division of financial property, there is no place for discrimination between a husband and wife and their respective roles. The homemaker role should be given equal weight. A court should consider the three strands of need, compensation and sharing which should guide the court in arriving at a fair division of property on the dissolution of a marriage. ⁸ See Wight v. Wight [2010] CILR 60 and McTaggart v. McTaggart [2011] (2) CILR 390 – paragraph 34, B-H v. H. [2009] CILR 185 [2000] UKHL J1026-3 ¹⁰ [2006] UKHL 24 Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 8 of 41
```html <table> <tr> <td>1</td> <td>20.</td> <td>In his judgment in the case, Lord Nicholls stated that fairness requires that when a</td> </tr> <tr> <td>2</td> <td>partnership ends, each partner is entitled to an equal share of the assets of the partnership</td> </tr> <tr> <td>3</td> <td>unless there is good reason to depart from equality. The Learned Judge emphasized that</td> </tr> <tr> <td>4</td> <td>the yardstick of equality is not a rule but an aid.11</td> </tr> <tr> <td>5</td> </tr> <tr> <td>6</td> <td>21.</td> <td>The Learned Judge further stated that there is a real difference between matrimonial</td> </tr> <tr> <td>7</td> <td>property and non-matrimonial property and pointed to the difference being the source</td> </tr> <tr> <td>8</td> <td>of the acquisition. Property which is acquired during the marriage otherwise than by</td> </tr> <tr> <td>9</td> <td>inheritance or gift would usually be matrimonial property. Matrimonial property is the</td> </tr> <tr> <td>10</td> <td>“financial product of the parties’ common endeavor.” As to the matrimonial home, the</td> </tr> <tr> <td>11</td> <td>Learned Judge said this:</td> </tr> <tr> <td>12</td> <td>13</td> <td>14</td> <td>15</td> <td>16</td> <td>17</td> <td>18</td> <td>19</td> <td>20</td> <td>21</td> <td>22</td> <td>23.</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>28</td> <td>29</td> <td>30</td> <td>31</td> <td>32</td> <td>33</td> <td>34</td> <td>35</td> <td>36</td> <td>37</td> <td>38</td> <td>39</td> <td>40</td> <td>41</td> <td>42</td> <td>43</td> <td>44</td> <td>45</td> <td>46</td> <td>47</td> <td>48</td> <td>49</td> <td>50</td> <td>51</td> <td>52</td> <td>53</td> <td>54</td> <td>55</td> <td>56</td> <td>57</td> <td>58</td> <td>59</td> <td>60</td> <td>61</td> <td>62</td> <td>63</td> <td>64</td> <td>65</td> <td>66</td> <td>67</td> <td>68</td> <td>69</td> <td>70</td> <td>71</td> <td>72</td> <td>73</td> <td>74</td> <td>75</td> <td>76</td> 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<td>463</td> <td>464</td> <td>465</td> <td>466</td> <td>467</td> <td>468</td> <td>469</td> <td>470</td> <td>471</td> <td>472</td> <td>473</td> <td>474</td> <td>475</td> <td>476</td> <td>477</td> <td>478</td> <td>479</td> <td>480</td> <td>481</td> <td>482</td> <td>483</td> <td>484</td> <td>485</td> <td>486</td> <td>487</td> <td>488</td> <td>489</td> <td>490</td> <td>491</td> <td>492</td> <td>493</td> <td>494</td> <td>495</td> <td>496</td> <td>497</td> <td>498</td> <td>499</td> <td>500</td> <td>501</td> <td>502</td> <td>503</td> <td>504</td> <td>505</td> <td>506</td> <td>507</td> <td>508</td> <td>509</td> <td>510</td> <td>511</td> <td>512</td> <td>513</td> <td>514</td> <td>515</td> <td>516</td> <td>517</td> <td>518</td> <td>519</td> <td>520</td> <td>521</td> <td>522</td> <td>523</td> <td>524</td> <td>525</td> <td>526</td> <td>527</td> <td>528</td> <td>529</td> <td>530</td> <td>531</td> <td>532</td> <td>533</td> <td>534</td> <td>535</td> <td>536</td> <td>537</td> <td>538</td> <td>539</td> <td>540</td> <td>541</td> <td>542</td> <td>543</td> <td>544</td> <td>545</td> <td>546</td> <td>547</td> <td>548</td> <td>549</td> <td>550</td> <td>551</td> <td>552</td> <td>553</td> <td>554</td> <td>555</td> <td>556</td> <td>557</td> <td>558</td> <td>559</td> <td>560</td> <td>561</td> <td>562</td> <td>563</td> <td>564</td> <td>565</td> <td>566</td> <td>567</td> <td>568</td> <td>569</td> <td>570</td> <td>571</td> <td>572</td> <td>573</td> <td>574</td> <td>575</td> <td>576</td> <td>577</td> <td>578</td> <td>579</td> <td>580</td> <td>581</td> <td>582</td> <td>583</td> <td>584</td> <td>585</td> <td>586</td> <td>587</td> <td>588</td> <td>589</td> <td>590</td> <td>591</td> <td>592</td> <td>593</td> <td>594</td> <td>595</td> <td>596</td> <td>597</td> <td>598</td> <td>599</td> <td>600</td> <td>601</td> <td>602</td> <td>603</td> <td>604</td> <td>605</td> <td>606</td> <td>607</td> <td>608</td> <td>609</td> <td>610</td> <td>611</td> <td>612</td> <td>613</td> <td>614</td> <td>615</td> <td>616</td> <td>617</td> <td>618</td> <td>619</td> <td>620</td> <td>621</td> <td>622</td> <td>623</td> <td>624</td> <td>625</td> <td>626</td> <td>627</td> <td>628</td> <td>629</td> <td>630</td> <td>631</td> <td>632</td> <td>633</td> <td>634</td> <td>635</td> <td>636</td> <td>637</td> <td>638</td> <td>639</td> <td>640</td> <td>641</td> <td>642</td> <td>643</td> <td>644</td> <td>645</td> <td>646</td> <td>647</td> <td>648</td> <td>649</td> <td>650</td> <td>651</td> <td>652</td> <td>653</td> <td>654</td> <td>655</td> <td>656</td> <td>657</td> <td>658</td> <td>659</td> <td>660</td> <td>661</td> <td>662</td> <td>663</td> <td>664</td> <td>665</td> <td>666</td> <td>667</td> <td>668</td> <td>669</td> <td>670</td> <td>671</td> <td>672</td> <td>673</td> <td>674</td> <td>675</td> <td>676</td> <td>677</td> <td>678</td> <td>679</td> <td>680</td> <td>681</td> <td>682</td> <td>683</td> <td>684</td> <td>685</td> <td>686</td> <td>687</td> <td>688</td> <td>689</td> <td>690</td> <td>691</td> <td>692</td> <td>693</td> <td>694</td> <td>695</td> <td>696</td> <td>697</td> <td>698</td> <td>699</td> <td>700</td> <td>701</td> <td>702</td> <td>703</td> <td>704</td> <td>705</td> <td>706</td> <td>707</td> <td>708</td> <td>709</td> <td>710</td> <td>711</td> <td>712</td> <td>713</td> <td>714</td> <td>715</td> <td>716</td> <td>717</td> <td>718</td> <td>719</td> <td>720</td> <td>721</td> <td>722</td> <td>723</td> <td>724</td> <td>725</td> <td>726</td> <td>727</td> <td>728</td> <td>729</td> <td>730</td> <td>731</td> <td>732</td> <td>733</td> <td>734</td> <td>735</td> <td>736</td> <td>737</td> <td>738</td> <td>739</td> <td>740</td> <td>741</td> <td>742</td> <td>743</td> <td>744</td> <td>745</td> <td>746</td> <td>747</td> <td>748</td> <td>749</td> <td>750</td> <td>751</td> <td>752</td> <td>753</td> <td>754</td> <td>755</td> <td>756</td> <td>757</td> <td>758</td> <td>759</td> <td>760</td> <td>761</td> <td>762</td> <td>763</td> <td>764</td> <td>765</td> <td>766</td> <td>767</td> <td>768</td> <td>769</td> <td>770</td> 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```html <table> <tr> <td>1</td> <td>and retain separate property which is not to be shared equally between them. The</td> </tr> <tr> <td>2</td> <td>Learned Judge said that in such cases, the nature and source of the property and the way</td> </tr> <tr> <td>3</td> <td>in which the couple have run their lives may be considered in deciding how property</td> </tr> <tr> <td>4</td> <td>should be shared.12</td> </tr> <tr> <td>5</td> <td>24.</td> </tr> <tr> <td>6</td> <td>In McTaggart v. McTaggart13, the appellate Court provided guidance as to the way in</td> </tr> <tr> <td>7</td> <td>which a Court should approach the issue of what is matrimonial property under s.21 of</td> </tr> <tr> <td>8</td> <td>the Law:</td> </tr> <tr> <td>9</td> <td>“It can be seen that the section gives recognition to the concept of</td> </tr> <tr> <td>10</td> <td>“matrimonial property.” That concept is not defined in the Matrimonial Causes Law, but it is generally understood in the sense described by Lord</td> </tr> <tr> <td>11</td> <td>Nicholls of Birkenhead in Miller v. Miller (5), that is to say, it comprises</td> </tr> <tr> <td>12</td> <td>“property acquired during the marriage otherwise than by inheritance or</td> </tr> <tr> <td>13</td> <td>gift” ([2006] 2 A.C. 618, at para. 22). Its distinguishing feature is that it is</td> </tr> <tr> <td>14</td> <td>“the financial product of the parties’ common endeavour”14</td> </tr> <tr> <td>15</td> <td>25.</td> </tr> <tr> <td>16</td> <td>The Court further stated:-</td> </tr> <tr> <td>17</td> <td>“It is necessary therefore to identify those assets which are owned or under</td> </tr> <tr> <td>18</td> <td>the control of one or other (or both) of the parties as at the date when the</td> </tr> <tr> <td>19</td> <td>order is made and then to identify which of those available assets are</td> </tr> <tr> <td>20</td> <td>matrimonial property and so capable of being the subject of an order under</td> </tr> <tr> <td>21</td> <td>s.21(b).15</td> </tr> <tr> <td>22</td> <td>There may be cases (of which, as I shall explain, the present provides an</td> </tr> <tr> <td>23</td> <td>example in relation to the husband’s potential retirement benefits) where an</td> </tr> <tr> <td>24</td> <td>asset which did exist at the date of final separation does not exist—or does</td> </tr> <tr> <td>25</td> <td>not exist in the same form—at the date of the hearing. In such cases it will</td> </tr> <tr> <td>26</td> <td>be necessary to consider whether the former asset can be traced into an</td> </tr> <tr> <td>27</td> <td>after-acquired asset which can itself be treated (in whole or in part) as</td> </tr> <tr> <td>28</td> <td>matrimonial property; and, if not, whether some other order (say, under</td> </tr> <tr> <td>29</td> <td>s.21(e)) should be made to reflect the fact that the former asset has ceased</td> </tr> <tr> <td>30</td> <td>to exist.</td> </tr> <tr> <td>31</td> <td>The power conferred under s.21(b) of the Law is a power “to make an order</td> </tr> <tr> <td>32</td> <td>for the disposition of matrimonial property.” There is no requirement under</td> </tr> <tr> <td>33</td> <td>the Law that the disposition should give effect to an equal division of the</td> </tr> <tr> <td>34</td> <td>monial property of the parties.</td> </tr> <tr> <td>35</td> <td>12 Miller v. Miller, McFarlane v. McFarlane [2006] UKHL 24 - paragraph 153</td> </tr> <tr> <td>36</td> <td>13 [2011] 2 CILR 377</td> </tr> <tr> <td>37</td> <td>14 McTaggart v. McTaggart, Supra at Page 376</td> </tr> <tr> <td>38</td> <td>15 McTaggart v. McTaggart, Supra - Page 390</td> </tr> </table> Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 10 of 41 ```
```html <table> <tr> <td>1</td> <td>power, the court shall have regard to “the responsibilities, needs, financial</td> </tr> <tr> <td>2</td> <td>and other resources, actual or potential earning power and the deserts of</td> </tr> <tr> <td>3</td> <td>the parties.” It is plainly open to the court-if, having regard to those</td> </tr> <tr> <td>4</td> <td>6</td> <td>7</td> <td>9</td> <td>10</td> <td>11</td> <td>12</td> <td>13</td> <td>14</td> <td>15</td> <td>26.</td> <td>In Valerie Gordon v. Jefferson Watler16，the Appellate Court stated：</td> </tr> <tr> <td>16</td> <td>17</td> <td>18</td> <td>19</td> <td>20</td> <td>21</td> <td>22</td> <td>23</td> <td>24</td> <td>25</td> <td>27.</td> <td>In the earlier case of Wight v. Wight17，the Appellate Court reaffirmed its acceptance of</td> </tr> <tr> <td>26</td> <td>the principles of equality as expounded in the English cases. The Court held inter alia：</td> </tr> <tr> <td>28</td> <td>29</td> <td>30</td> <td>31</td> <td>32</td> <td>33</td> <td>34</td> <td>35</td> <td>36</td> <td>37</td> <td>38</td> <td>39</td> <td>40</td> <td>41</td> <td>“(1)</td> <td>When ordering the distribution of matrimonial property pursuant to</td> </tr> <tr> <td>42</td> <td>43</td> <td>44</td> <td>45</td> <td>46</td> <td>47</td> <td>48</td> <td>49</td> <td>50</td> <td>51</td> <td>52</td> <td>53</td> <td>54</td> <td>55</td> <td>56</td> <td>57</td> <td>58</td> <td>59</td> <td>60</td> <td>61</td> <td>62</td> <td>63</td> <td>64</td> <td>65</td> <td>66</td> <td>67</td> <td>68</td> <td>69</td> <td>70</td> <td>71</td> <td>72</td> <td>73</td> <td>74</td> <td>75</td> <td>76</td> <td>77</td> <td>78</td> <td>79</td> <td>80</td> <td>81</td> <td>82</td> <td>83</td> <td>84</td> <td>85</td> <td>86</td> <td>87</td> <td>88</td> <td>89</td> <td>90</td> <td>91</td> <td>92</td> <td>93</td> <td>94</td> <td>95</td> <td>96</td> <td>97</td> <td>98</td> <td>99</td> <td>100</td> <td>101</td> <td>102</td> <td>103</td> <td>104</td> <td>105</td> <td>106</td> <td>107</td> <td>108</td> <td>109</td> <td>110</td> <td>111</td> <td>112</td> <td>113</td> <td>114</td> <td>115</td> <td>116</td> <td>117</td> <td>118</td> <td>119</td> <td>120</td> <td>121</td> <td>122</td> <td>123</td> <td>124</td> <td>125</td> <td>126</td> <td>127</td> <td>128</td> <td>129</td> <td>130</td> <td>131</td> <td>132</td> <td>133</td> <td>134</td> <td>135</td> <td>136</td> <td>137</td> <td>138</td> <td>139</td> <td>140</td> <td>141</td> <td>142</td> <td>143</td> <td>144</td> <td>145</td> <td>146</td> <td>147</td> <td>148</td> <td>149</td> <td>150</td> <td>151</td> <td>152</td> <td>153</td> <td>154</td> <td>155</td> <td>156</td> <td>157</td> <td>158</td> <td>159</td> <td>160</td> <td>161</td> <td>162</td> <td>163</td> <td>164</td> <td>165</td> <td>166</td> <td>167</td> <td>168</td> <td>169</td> <td>170</td> <td>171</td> <td>172</td> <td>173</td> <td>174</td> <td>175</td> <td>176</td> <td>177</td> <td>178</td> <td>179</td> <td>180</td> <td>181</td> <td>182</td> <td>183</td> <td>184</td> <td>185</td> <td>186</td> <td>187</td> <td>188</td> <td>189</td> <td>190</td> <td>191</td> <td>192</td> <td>193</td> <td>194</td> <td>195</td> <td>196</td> <td>197</td> <td>198</td> <td>199</td> <td>200</td> <td>201</td> <td>202</td> <td>203</td> <td>204</td> <td>205</td> <td>206</td> <td>207</td> <td>208</td> <td>209</td> <td>210</td> <td>211</td> <td>212</td> <td>213</td> <td>214</td> <td>215</td> <td>216</td> <td>217</td> <td>218</td> <td>219</td> <td>220</td> <td>221</td> <td>222</td> <td>223</td> <td>224</td> <td>225</td> <td>226</td> <td>227</td> <td>228</td> <td>229</td> <td>230</td> <td>231</td> <td>232</td> <td>233</td> <td>234</td> <td>235</td> <td>236</td> <td>237</td> <td>238</td> <td>239</td> <td>240</td> <td>241</td> <td>242</td> <td>243</td> <td>244</td> <td>245</td> <td>246</td> <td>247</td> <td>248</td> <td>249</td> <td>250</td> <td>251</td> <td>252</td> <td>253</td> <td>254</td> <td>255</td> <td>256</td> <td>257</td> <td>258</td> <td>259</td> <td>260</td> <td>261</td> <td>262</td> <td>263</td> <td>264</td> <td>265</td> <td>266</td> <td>267</td> <td>268</td> <td>269</td> <td>270</td> <td>271</td> <td>272</td> <td>273</td> <td>274</td> <td>275</td> <td>276</td> <td>277</td> <td>278</td> <td>279</td> <td>280</td> <td>281</td> <td>282</td> <td>283</td> <td>284</td> <td>285</td> <td>286</td> <td>287</td> <td>288</td> <td>289</td> <td>290</td> <td>291</td> <td>292</td> <td>293</td> <td>294</td> <td>295</td> <td>296</td> <td>297</td> <td>298</td> <td>299</td> <td>300</td> <td>301</td> <td>302</td> <td>303</td> <td>304</td> <td>305</td> <td>306</td> <td>307</td> <td>308</td> <td>309</td> <td>310</td> <td>311</td> <td>312</td> <td>313</td> <td>314</td> <td>315</td> <td>316</td> <td>317</td> <td>318</td> <td>319</td> <td>320</td> <td>321</td> <td>322</td> <td>323</td> <td>324</td> <td>325</td> <td>326</td> <td>327</td> <td>328</td> <td>329</td> <td>330</td> <td>331</td> <td>332</td> <td>333</td> <td>334</td> <td>335</td> <td>336</td> <td>337</td> <td>338</td> <td>339</td> <td>340</td> <td>341</td> <td>342</td> <td>343</td> <td>344</td> <td>345</td> <td>346</td> <td>347</td> <td>348</td> <td>349</td> <td>350</td> <td>351</td> <td>352</td> <td>353</td> <td>354</td> <td>355</td> <td>356</td> <td>357</td> <td>358</td> <td>359</td> <td>360</td> <td>361</td> <td>362</td> <td>363</td> <td>364</td> <td>365</td> <td>366</td> <td>367</td> <td>368</td> <td>369</td> <td>370</td> <td>371</td> <td>372</td> <td>373</td> <td>374</td> <td>375</td> <td>376</td> <td>377</td> <td>378</td> <td>379</td> <td>380</td> <td>381</td> <td>382</td> <td>383</td> <td>384</td> <td>385</td> <td>386</td> <td>387</td> <td>388</td> <td>389</td> <td>390</td> <td>391</td> <td>392</td> <td>393</td> <td>394</td> <td>395</td> <td>396</td> <td>397</td> <td>398</td> <td>399</td> <td>400</td> <td>401</td> <td>402</td> <td>403</td> <td>404</td> <td>405</td> <td>406</td> <td>407</td> <td>408</td> <td>409</td> <td>410</td> <td>411</td> <td>412</td> <td>413</td> <td>414</td> <td>415</td> <td>416</td> <td>417</td> <td>418</td> <td>419</td> <td>420</td> <td>421</td> <td>422</td> <td>423</td> <td>424</td> <td>425</td> <td>426</td> <td>427</td> <td>428</td> <td>429</td> <td>430</td> <td>431</td> <td>432</td> <td>433</td> <td>434</td> <td>435</td> <td>436</td> <td>437</td> <td>438</td> <td>439</td> <td>440</td> <td>441</td> <td>442</td> <td>443</td> <td>444</td> <td>445</td> <td>446</td> <td>447</td> <td>448</td> <td>449</td> <td>450</td> <td>451</td> <td>452</td> <td>453</td> <td>454</td> <td>455</td> <td>456</td> <td>457</td> <td>458</td> <td>459</td> <td>460</td> <td>461</td> <td>462</td> <td>463</td> <td>464</td> <td>465</td> <td>466</td> <td>467</td> <td>468</td> <td>469</td> <td>470</td> <td>471</td> <td>472</td> <td>473</td> <td>474</td> <td>475</td> <td>476</td> <td>477</td> <td>478</td> <td>479</td> <td>480</td> <td>481</td> <td>482</td> <td>483</td> <td>484</td> <td>485</td> <td>486</td> <td>487</td> <td>488</td> <td>489</td> <td>490</td> <td>491</td> <td>492</td> <td>493</td> <td>494</td> <td>495</td> <td>496</td> <td>497</td> <td>498</td> <td>499</td> <td>500</td> <td>501</td> <td>502</td> <td>503</td> <td>504</td> <td>505</td> <td>506</td> <td>507</td> <td>508</td> <td>509</td> <td>510</td> <td>511</td> <td>512</td> <td>513</td> <td>514</td> <td>515</td> <td>516</td> <td>517</td> <td>518</td> <td>519</td> <td>520</td> <td>521</td> <td>522</td> <td>523</td> <td>524</td> <td>525</td> <td>526</td> <td>527</td> <td>528</td> <td>529</td> <td>530</td> <td>531</td> <td>532</td> <td>533</td> <td>534</td> <td>535</td> <td>536</td> <td>537</td> <td>538</td> <td>539</td> <td>540</td> <td>541</td> <td>542</td> <td>543</td> <td>544</td> <td>545</td> <td>546</td> <td>547</td> <td>548</td> <td>549</td> <td>550</td> <td>551</td> <td>552</td> <td>553</td> <td>554</td> <td>555</td> <td>556</td> <td>557</td> <td>558</td> <td>559</td> <td>560</td> <td>561</td> <td>562</td> <td>563</td> <td>564</td> <td>565</td> <td>566</td> <td>567</td> <td>568</td> <td>569</td> <td>570</td> <td>571</td> <td>572</td> <td>573</td> <td>574</td> <td>575</td> <td>576</td> <td>577</td> <td>578</td> <td>579</td> <td>580</td> <td>581</td> <td>582</td> <td>583</td> <td>584</td> <td>585</td> <td>586</td> <td>587</td> <td>588</td> <td>589</td> <td>590</td> <td>591</td> <td>592</td> <td>593</td> <td>594</td> <td>595</td> <td>596</td> <td>597</td> <td>598</td> <td>599</td> <td>600</td> <td>601</td> <td>602</td> <td>603</td> <td>604</td> <td>605</td> <td>606</td> <td>607</td> <td>608</td> <td>609</td> <td>610</td> <td>611</td> <td>612</td> <td>613</td> <td>614</td> <td>615</td> <td>616</td> <td>617</td> <td>618</td> <td>619</td> <td>620</td> <td>621</td> <td>622</td> <td>623</td> <td>624</td> <td>625</td> <td>626</td> <td>627</td> <td>628</td> <td>629</td> <td>630</td> <td>631</td> <td>632</td> <td>633</td> <td>634</td> <td>635</td> <td>636</td> <td>637</td> <td>638</td> <td>639</td> <td>640</td> <td>641</td> <td>642</td> <td>643</td> <td>644</td> <td>645</td> <td>646</td> <td>647</td> <td>648</td> <td>649</td> <td>650</td> <td>651</td> <td>652</td> <td>653</td> <td>654</td> <td>655</td> <td>656</td> <td>657</td> <td>658</td> <td>659</td> <td>660</td> <td>661</td> <td>662</td> <td>663</td> <td>664</td> <td>665</td> <td>666</td> <td>667</td> <td>668</td> <td>669</td> <td>670</td> <td>671</td> <td>672</td> <td>673</td> <td>674</td> <td>675</td> <td>676</td> <td>677</td> <td>678</td> <td>679</td> <td>680</td> <td>681</td> <td>682</td> <td>683</td> <td>684</td> <td>685</td> <td>686</td> <td>687</td> <td>688</td> <td>689</td> <td>690</td> <td>691</td> <td>692</td> <td>693</td> <td>694</td> <td>695</td> <td>696</td> <td>697</td> <td>698</td> <td>699</td> <td>700</td> <td>701</td> <td>702</td> <td>703</td> <td>704</td> <td>705</td> <td>706</td> <td>707</td> <td>708</td> <td>709</td> <td>710</td> <td>711</td> <td>712</td> <td>713</td> <td>714</td> <td>715</td> <td>716</td> <td>717</td> <td>718</td> <td>719</td> <td>720</td> <td>721</td> <td>722</td> <td>723</td> <td>724</td> <td>725</td> <td>726</td> <td>727</td> <td>728</td> <td>729</td> <td>730</td> <td>731</td> <td>732</td> <td>733</td> <td>734</td> <td>735</td> <td>736</td> <td>737</td> <td>738</td> <td>739</td> <td>740</td> <td>741</td> <td>742</td> <td>743</td> <td>744</td> <td>745</td> <td>746</td> <td>747</td> <td>748</td> <td>749</td> <td>750</td> <td>751</td> <td>752</td> <td>753</td> <td>754</td> <td>755</td> <td>756</td> <td>757</td> <td>758</td> <td>759</td> <td>760</td> <td>761</td> <td>762</td> <td>763</td> <td>764</td> <td>765</td> <td>766</td> <td>767</td> <td>768</td> <td>769</td> <td>770</td> <td>771</td> <td>772</td> <td>773</td> <td>774</td> <td>775</td> <td>776</td> <td>777</td> <td>778</td> <td>779</td> <td>780</td> <td>781</td> <td>782</td> <td>783</td> <td>784</td> <td>785</td> <td>786</td> <td>787</td> <td>788</td
```html <table> <tr> <td>1</td> <td>2</td> <td>3</td> <td>4</td> <td>5</td> <td>6</td> <td>7</td> <td>8</td> <td>9</td> <td>10</td> <td>11</td> <td>12</td> <td>13</td> <td>14</td> <td>15</td> <td>16</td> <td>17</td> <td>18</td> <td>19</td> <td>20</td> <td>21</td> <td>22</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>27</td> <td>28</td> <td>29</td> <td>30</td> <td>31</td> <td>32</td> <td>33</td> <td>34</td> <td>35</td> <td>36</td> <td>37</td> <td>38</td> <td>39</td> <td>40</td> <td>41</td> <td>42</td> <td>43</td> <td>44</td> <td>45</td> <td>46</td> <td>47</td> <td>48</td> <td>49</td> <td>50</td> <td>51</td> <td>52</td> <td>53</td> <td>54</td> <td>55</td> <td>56</td> <td>57</td> <td>58</td> <td>59</td> <td>60</td> <td>61</td> <td>62</td> <td>63</td> <td>64</td> <td>65</td> <td>66</td> <td>67</td> <td>68</td> <td>69</td> <td>70</td> <td>71</td> <td>72</td> <td>73</td> <td>74</td> <td>75</td> <td>76</td> <td>77</td> <td>78</td> <td>79</td> <td>80</td> <td>81</td> <td>82</td> <td>83</td> <td>84</td> <td>85</td> <td>86</td> <td>87</td> <td>88</td> <td>89</td> <td>90</td> <td>91</td> <td>92</td> <td>93</td> <td>94</td> <td>95</td> <td>96</td> <td>97</td> <td>98</td> <td>99</td> <td>100</td> <td>101</td> <td>102</td> <td>103</td> <td>104</td> <td>105</td> <td>106</td> <td>107</td> <td>108</td> <td>109</td> <td>110</td> <td>111</td> <td>112</td> <td>113</td> <td>114</td> <td>115</td> <td>116</td> <td>117</td> <td>118</td> <td>119</td> <td>120</td> <td>121</td> <td>122</td> <td>123</td> <td>124</td> <td>125</td> <td>126</td> <td>127</td> <td>128</td> <td>129</td> <td>130</td> <td>131</td> <td>132</td> <td>133</td> <td>134</td> <td>135</td> <td>136</td> <td>137</td> <td>138</td> <td>139</td> <td>140</td> <td>141</td> <td>142</td> <td>143</td> <td>144</td> <td>145</td> <td>146</td> <td>147</td> <td>148</td> <td>149</td> <td>150</td> <td>151</td> <td>152</td> <td>153</td> <td>154</td> <td>155</td> <td>156</td> <td>157</td> <td>158</td> <td>159</td> <td>160</td> <td>161</td> <td>162</td> <td>163</td> <td>164</td> <td>165</td> <td>166</td> <td>167</td> <td>168</td> <td>169</td> <td>170</td> <td>171</td> <td>172</td> <td>173</td> <td>174</td> <td>175</td> <td>176</td> <td>177</td> <td>178</td> <td>179</td> <td>180</td> <td>181</td> <td>182</td> <td>183</td> <td>184</td> <td>185</td> <td>186</td> <td>187</td> <td>188</td> <td>189</td> <td>190</td> <td>191</td> <td>192</td> <td>193</td> <td>194</td> <td>195</td> <td>196</td> <td>197</td> <td>198</td> <td>199</td> <td>200</td> <td>201</td> <td>202</td> <td>203</td> <td>204</td> <td>205</td> <td>206</td> <td>207</td> <td>208</td> <td>209</td> <td>210</td> <td>211</td> <td>212</td> <td>213</td> <td>214</td> <td>215</td> <td>216</td> <td>217</td> <td>218</td> <td>219</td> <td>220</td> <td>221</td> <td>222</td> <td>223</td> <td>224</td> <td>225</td> <td>226</td> <td>227</td> <td>228</td> <td>229</td> <td>230</td> <td>231</td> <td>232</td> <td>233</td> <td>234</td> <td>235</td> <td>236</td> <td>237</td> <td>238</td> <td>239</td> <td>240</td> <td>241</td> <td>242</td> <td>243</td> <td>244</td> <td>245</td> <td>246</td> <td>247</td> <td>248</td> <td>249</td> <td>250</td> <td>251</td> <td>252</td> <td>253</td> <td>254</td> <td>255</td> <td>256</td> <td>257</td> <td>258</td> <td>259</td> <td>260</td> <td>261</td> <td>262</td> <td>263</td> <td>264</td> <td>265</td> <td>266</td> <td>267</td> <td>268</td> <td>269</td> <td>270</td> <td>271</td> <td>272</td> <td>273</td> <td>274</td> <td>275</td> <td>276</td> <td>277</td> <td>278</td> <td>279</td> <td>280</td> <td>281</td> <td>282</td> <td>283</td> <td>284</td> <td>285</td> <td>286</td> <td>287</td> <td>288</td> <td>289</td> <td>290</td> <td>291</td> <td>292</td> <td>293</td> <td>294</td> <td>295</td> <td>296</td> <td>297</td> <td>298</td> <td>299</td> <td>300</td> <td>301</td> <td>302</td> <td>303</td> <td>304</td> <td>305</td> <td>306</td> <td>307</td> <td>308</td> <td>309</td> <td>310</td> <td>311</td> <td>312</td> <td>313</td> <td>314</td> <td>315</td> <td>316</td> <td>317</td> <td>318</td> <td>319</td> <td>320</td> <td>321</td> <td>322</td> <td>323</td> <td>324</td> <td>325</td> <td>326</td> <td>327</td> <td>328</td> <td>329</td> <td>330</td> <td>331</td> <td>332</td> <td>333</td> <td>334</td> <td>335</td> <td>336</td> <td>337</td> <td>338</td> <td>339</td> <td>340</td> <td>341</td> <td>342</td> <td>343</td> <td>344</td> <td>345</td> <td>346</td> <td>347</td> <td>348</td> <td>349</td> <td>350</td> <td>351</td> <td>352</td> <td>353</td> <td>354</td> <td>355</td> <td>356</td> <td>357</td> <td>358</td> <td>359</td> <td>360</td> <td>361</td> <td>362</td> <td>363</td> <td>364</td> <td>365</td> <td>366</td> <td>367</td> <td>368</td> <td>369</td> <td>370</td> <td>371</td> <td>372</td> <td>373</td> <td>374</td> <td>375</td> <td>376</td> <td>377</td> <td>378</td> <td>379</td> <td>380</td> <td>381</td> <td>382</td> <td>383</td> <td>384</td> <td>385</td> <td>386</td> <td>387</td> <td>388</td> <td>389</td> <td>390</td> <td>391</td> <td>392</td> <td>393</td> <td>394</td> <td>395</td> <td>396</td> <td>397</td> <td>398</td> <td>399</td> <td>400</td> <td>401</td> <td>402</td> <td>403</td> <td>404</td> <td>405</td> <td>406</td> <td>407</td> <td>408</td> <td>409</td> <td>410</td> <td>411</td> <td>412</td> <td>413</td> <td>414</td> <td>415</td> <td>416</td> <td>417</td> <td>418</td> <td>419</td> <td>420</td> <td>421</td> <td>422</td> <td>423</td> <td>424</td> <td>425</td> <td>426</td> <td>427</td> <td>428</td> <td>429</td> <td>430</td> <td>431</td> <td>432</td> <td>433</td> <td>434</td> <td>435</td> <td>436</td> <td>437</td> <td>438</td> <td>439</td> <td>440</td> <td>441</td> <td>442</td> <td>443</td> <td>444</td> <td>445</td> <td>446</td> <td>447</td> <td>448</td> <td>449</td> <td>450</td> <td>451</td> <td>452</td> <td>453</td> <td>454</td> <td>455</td> <td>456</td> <td>457</td> <td>458</td> <td>459</td> <td>460</td> <td>461</td> <td>462</td> <td>463</td> <td>464</td> <td>465</td> <td>466</td> <td>467</td> <td>468</td> <td>469</td> <td>470</td> <td>471</td> <td>472</td> <td>473</td> <td>474</td> <td>475</td> <td>476</td> <td>477</td> <td>478</td> <td>479</td> <td>480</td> <td>481</td> <td>482</td> <td>483</td> <td>484</td> <td>485</td> <td>486</td> <td>487</td> <td>488</td> <td>489</td> <td>490</td> <td>491</td> <td>492</td> <td>493</td> <td>494</td> <td>495</td> <td>496</td> <td>497</td> <td>498</td> <td>499</td> <td>500</td> <td>501</td> <td>502</td> <td>503</td> <td>504</td> <td>505</td> <td>506</td> <td>507</td> <td>508</td> <td>509</td> <td>510</td> <td>511</td> <td>512</td> <td>513</td> <td>514</td> <td>515</td> <td>516</td> <td>517</td> <td>518</td> <td>519</td> <td>520</td> <td>521</td> <td>522</td> <td>523</td> <td>524</td> <td>525</td> <td>526</td> <td>527</td> <td>528</td> <td>529</td> <td>530</td> <td>531</td> <td>532</td> <td>533</td> <td>534</td> <td>535</td> <td>536</td> <td>537</td> <td>538</td> <td>539</td> <td>540</td> <td>541</td> <td>542</td> <td>543</td> <td>544</td> <td>545</td> <td>546</td> <td>547</td> <td>548</td> <td>549</td> <td>550</td> <td>551</td> <td>552</td> <td>553</td> <td>554</td> <td>555</td> <td>556</td> <td>557</td> <td>558</td> <td>559</td> <td>560</td> <td>561</td> <td>562</td> <td>563</td> <td>564</td> <td>565</td> <td>566</td> <td>567</td> <td>568</td> <td>569</td> <td>570</td> <td>571</td> <td>572</td> <td>573</td> <td>574</td> <td>575</td> <td>576</td> <td>577</td> <td>578</td> <td>579</td> <td>580</td> <td>581</td> <td>582</td> <td>583</td> <td>584</td> <td>585</td> <td>586</td> <td>587</td> <td>588</td> <td>589</td> <td>590</td> <td>591</td> <td>592</td> <td>593</td> <td>594</td> <td>595</td> <td>596</td> <td>597</td> <td>598</td> <td>599</td> <td>600</td> <td>601</td> <td>602</td> <td>603</td> <td>604</td> <td>605</td> <td>606</td> <td>607</td> <td>608</td> <td>609</td> <td>610</td> <td>611</td> <td>612</td> <td>613</td> <td>614</td> <td>615</td> <td>616</td> <td>617</td> <td>618</td> <td>619</td> <td>620</td> <td>621</td> <td>622</td> <td>623</td> <td>624</td> <td>625</td> <td>626</td> <td>627</td> <td>628</td> <td>629</td> <td>630</td> <td>631</td> <td>632</td> <td>633</td> <td>634</td> <td>635</td> <td>636</td> <td>637</td> <td>638</td> <td>639</td> <td>640</td> <td>641</td> <td>642</td> <td>643</td> <td>644</td> <td>645</td> <td>646</td> <td>647</td> <td>648</td> <td>649</td> <td>650</td> <td>651</td> <td>652</td> <td>653</td> <td>654</td> <td>655</td> <td>656</td> <td>657</td> <td>658</td> <td>659</td> <td>660</td> <td>661</td> <td>662</td> <td>663</td> <td>664</td> <td>665</td> <td>666</td> <td>667</td> <td>668</td> <td>669</td> <td>670</td> <td>671</td> <td>672</td> <td>673</td> <td>674</td> <td>675</td> <td>676</td> <td>677</td> <td>678</td> <td>679</td> <td>680</td> <td>681</td> <td>682</td> <td>683</td> <td>684</td> <td>685</td> <td>686</td> <td>687</td> <td>688</td> <td>689</td> <td>690</td> <td>691</td> <td>692</td> <td>693</td> <td>694</td> <td>695</td> <td>696</td> <td>697</td> <td>698</td> <td>699</td> <td>700</td> <td>701</td> <td>702</td> <td>703</td> <td>704</td> <td>705</td> <td>706</td> <td>707</td> <td>708</td> <td>709</td> <td>710</td> <td>711</td> <td>712</td> <td>713</td> <td>714</td> <td>715</td> <td>716</td> <td>717</td> <td>718</td> <td>719</td> <td>720</td> <td>721</td> <td>722</td> <td>723</td> <td>724</td> <td>725</td> <td>726</td> <td>727</td> <td>728</td> <td>729</td> <td>730</td> <td>731</td> <td>732</td> <td>733</td> <td>734</td> <td>735</td> <td>736</td> <td>737</td> <td>738</td> <td>739</td> <td>740</td> <td>741</td> <td>742</td> <td>743</td> <td>744</td> <td>745</td> <td>746</td> <td>747</td> <td>748</td> <td>749</td> <td>750</td> <td>751</td> <td>752</td> <td>753</td> <td>754</td> <td>755</td> <td>756</td> <td>757</td> <td>758</td> <td>759</td> <td>760</td> <td>761</td> <td>762</td> <td>763</td> <td>764</td> <td>765</td> <td>766</td> <td>767</td> <td>768</td> <td>769</td> <td>770</td> <td>771</td> <td>772</td> <td>773</td> <td>774</td> <td>775</td> <td>776</td> <td>777</td> <td>778</td> <td>779</td> <td>780</td> <td>781</td> <td>782</td> <td>783</td> <td>784</td> <td>785</td> <td>786</td> <td>787</td> <td>788</td> <td>789</td> <td>790</td> <td>791</td> <td>792</td> <td>793</td> <td>794</td> <td>795</td> <td>796</td> <td>797</td> <td>798</td> <td>799</td> <td>800</td> <td>801</td> <td>802</td> <td>803</td> <td>804</td> <td>805</td> <td>806</td> <td>807</td> <td>808</td> <td>809</td> <td>810</td
``` Since they had both benefited from them as matrimonial homes and used them to raise money to finance purchase of other property and spent money on them and generally treated them as assets for the benefit of both of them.”

¶ [30] In the case of Billes v. Anco19, the sole issue was whether the husband had an interest in the matrimonial home which had been purchased by the wife with her own funds and was registered in her sole name. She contended that the husband had made no financial contribution towards the purchase and that it had not been acquired by the common endeavor of the parties. Smith J (Actg.) considered that although it had been purchased with the inherited wealth of the wife, it was acquired during the marriage for the welfare of the family. Additionally there was evidence from a pre-nuptial agreement that the parties intended as at the date of separation to share the matrimonial home equally.

¶ [31] In the more recent case of Ebanks v Ebanks and Smith20, the husband’s case was that he had brought the marital home into the marriage and there should be a departure from the yardstick of equality. By reference to the cases of McTaggart v. McTaggart and Miller v. Miller, McFarlane v. McFarlane, Mangatal J. thought it plain that given the fact that the parties lived at the property as their matrimonial home, the property was to be treated as matrimonial property and stated: "In my judgment, the Court has to look at all the circumstances of the case. The Property was property brought into the marriage by the Husband. On the facts it is plain that the Wife made no significant improvement or alteration to the Property. However as stated in Miller v Miller the parties’ matrimonial home, even if this was brought into the marriage at the outset by one of the parties, usually has a central place in any marriage. So it should normally be treated as matrimonial property. It was in primros also

¶ [2011] 2 CILR 74 Fam 83 of 2013, 31st October 2016 Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 13 of 41 ```
```html <table> <tr> <td>1</td> <td>97.</td> <td>However as recognized in White v White, the source of the assets may be a reason for departing from equality. In this case, there is also a need to take into account that both parties had been married previously, and indeed, the Property was owned by the Husband prior even to his second marriage to Eileen."</td> </tr> <tr> <td>7</td> <td>32.</td> <td>I now turn to consider the issues and facts in the instant case with the general principles in mind while being mindful that each case must be decided on its own facts with the objective being to arrive at financial arrangements which are fair to both parties.</td> </tr> <tr> <td>11</td> <td>EVIDENCE IN THE CASE</td> </tr> <tr> <td>13</td> <td>33.</td> <td>Both parties gave oral evidence at the hearing. The documentary material before the Court consists of the Affidavit of the husband dated 3rd May 2019 and two Affidavits from the wife dated 3rd May and 15th August 2019. Both parties also provided additional documentation by way of responses to Requests for Further and Better Particulars.</td> </tr> <tr> <td>18</td> <td>34.</td> <td>The undisputed facts include that the matrimonial home has an existing mortgage of CI$216，242.49. The maturity date on the mortgage is 29th August 2040. At the request of the Court the parties obtained an up to date valuation which indicates that as at 11th October 2019, this house is valued at CI$325，000.00 excluding chattels.</td> </tr> <tr> <td>23</td> <td>35.</td> <td>From the evidence given, neither party has a robust financial position. The husband is already past retirement age. The wife is three years away from the retirement age</td> </tr> <tr> <td>25</td> <td>27</td> <td>husband had $6，577.20 as at the end of June 2019 and about $8，000.00 at the time of the</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>2</td> <td>3</td> <td>4</td> <td>hearing. He gave evidence that this is the only money which he has to his name. Both</td> </tr> <tr> <td>5</td> <td>6</td> <td>7</td> <td>8</td> <td>9</td> <td>10</td> <td>11</td> <td>12</td> <td>13</td> <td>14</td> <td>15</td> <td>16</td> <td>17</td> <td>18</td> <td>19</td> <td>20</td> <td>21</td> <td>22</td> <td>23</td> <td>24</td> <td>25</td> <td>26</td> <td>Both have motor vehicles but the wife’s vehicle has an outstanding loan for some CI</td> </tr> <tr> <td>$17，241.40，in respect of which she is making monthly payments of $475.00. The</td> </tr> <tr> <td>maturity date on this loan is the 26th January 2023.</td> </tr> <tr> <td>36.</td> <td>It is also not in dispute that both parties have serious health issues. The wife had heart</td> </tr> <tr> <td>7</td> <td>surgery in 2008 following a stroke in 2007 and has been diagnosed with type 2 diabetes.</td> </tr> <tr> <td>8</td> <td>She is also hypertensive. The husband has high blood pressure and an issue with his leg.</td> </tr> <tr> <td>10</td> <td>ACQUISITION OF THE MATRIMONIAL HOME</td> </tr> <tr> <td>12</td> <td>37.</td> <td>In cross examination， the husband agreed that he had made no contribution to the initial</td> </tr> <tr> <td>13</td> <td>purchase of the matrimonial home. He also agreed to the suggestion that he had not left</td> </tr> <tr> <td>14</td> <td>any savings with the wife for her use while he was away in prison. On his return from</td> </tr> <tr> <td>15</td> <td>prison in 1985， the wife had the land with the partial construction on it. Thus he agreed</td> </tr> <tr> <td>16</td> <td>that whatever funds were used to purchase the property were hers exclusively.</td> </tr> <tr> <td>18</td> <td>38.</td> <td>The wife’s evidence is that she paid $7，000.00 from her ‘partner’ savings towards this.</td> </tr> <tr> <td>19</td> <td>She was cross examined as to whether she had obtained a partial loan from the bank to</td> </tr> <tr> <td>20</td> <td>cover this down payment which loan was paid off in the course of the marriage and thus</td> </tr> <tr> <td>21</td> <td>during the time when she would have been receiving contributions from the husband. In</td> </tr> <tr> <td>22</td> <td>support of this suggestion， her attention was drawn to the fact that on the very day of the</td> </tr> <tr> <td>regime property is 2nd May 19</td> <td>0.0</td> <td>was that to</td> </tr> <tr> <td>86. there was</td> <td>the secure a loan</td> <td>’s evideno th</td> </tr> <tr> <td>stration of thn her name， is a charge a</td> <td>24</td> <td>property to s of $4，00ife</td> <td>he best of</td> </tr> <tr> <td>her recollection， this sum was borrowed using the property as collateral in order to assist</td> </tr> <tr> <td>with expenses related to her daughter’s illness. She maintained this position although</td> </tr> </table> Judgment: FAM 0032/2019：WP v VP. Coram： Richards J. Date：14.02.2020 Page 15 of 41 ```
```html <table> <tr> <td>1</td> <td>there was some lack of clarity as to which institution had granted the loan in respect of</td> </tr> <tr> <td>2</td> <td>the land as distinct from the loan of $4,000.00. The wife explained that she recalls</td> </tr> <tr> <td>3</td> <td>having the cash down payment because she received the first and last allotments from</td> </tr> <tr> <td>4</td> <td>her partner savings. At that time she had been working at two jobs, one of which was</td> </tr> <tr> <td>5</td> <td>during the nights at a local restaurant in order to be able to save. Having assessed her as</td> </tr> <tr> <td>6</td> <td>a witness and in particular noting the level of detail of her explanation, I accept her</td> </tr> <tr> <td>7</td> <td>evidence as truthful and correct, that the down payment on the property came entirely</td> </tr> <tr> <td>8</td> <td>from her savings and did not include a loan.</td> </tr> <tr> <td>9</td> <td></td> </tr> <tr> <td>10</td> <td>CONTRIBUTIONS TO MORTGAGE PAYMENTS</td> </tr> <tr> <td>11</td> <td>39. It is in dispute between the parties whether the husband made any financial contributions</td> </tr> <tr> <td>12</td> <td>towards the mortgage payments for the matrimonial home. The husband’s account is</td> </tr> <tr> <td>13</td> <td>that the wife contracted to purchase the home at a time when he was incarcerated in</td> </tr> <tr> <td>14</td> <td>prison hence the reason that it is in her sole name. He says that throughout the marriage</td> </tr> <tr> <td>15</td> <td>he has been contributing to the expenses of the home but that the wife has refused to add</td> </tr> <tr> <td>16</td> <td>his name to the title to the property. He has always provided her with contributions</td> </tr> <tr> <td>17</td> <td>towards the expenses of the family. The husband’s evidence is that other than when he</td> </tr> <tr> <td>18</td> <td>was incarcerated and times of unemployment, he has never stopped giving money to the</td> </tr> <tr> <td>19</td> <td>wife. In the early days he gave her $100.00 per week which amount increased over time.</td> </tr> <tr> <td>20</td> <td></td> </tr> <tr> <td>21</td> <td>Within about two months after the marriage in 1977 with assistance from the wife’s</td> </tr> <tr> <td>22</td> <td>father, employment from the</td> </tr> <tr> <td>23</td> <td>heavy was strenuous employment involved</td> </tr> <tr> <td>24</td> <td>months and entered an apprenticeship as an electrician. He has remained in this</td> </tr> </table> Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 16 of 41 ```
occupation throughout his working life and for the most part has been self-employed with a short period employed to a local company. His apprenticeship was broken whilst he was in prison but about six weeks after being released in 1985, he secured new employment. He was then earning about $250-$300.00 per week. He said that in order to build the house, a loan had to be obtained from a bank. It was about $150,000.00 and he cosigned the loan with the wife. After they moved into the house, he would always provide the wife with funds. This was not a specific sum but was based on his earnings at any given point in time. He said that he never "dictated to her what the money was to be spent on." The wife was free to do what she wished with the money including paying the mortgage. He thought the mortgage payment was about $1,600.00 per month. The money he gave to her was to contribute to everything. On average he would give her $650.00 per fortnight, based on his earnings. His contributions to her were not infrequent although they would be less sometimes. He denied that his contributions used to be as little as $350.00 every two weeks. Currently he provides the wife with CI $600.00 each fortnight to assist her with paying for the mortgage, food and maintenance. Since early 2019, on the advice of his Counsel, he has been obtaining a receipt for these amounts. He did not previously obtain a receipt. He denied that there have been regular arguments between them throughout the years regarding monetary contributions towards the upkeep of the house. Theted a differeAffidavit evidence was:
```html <table> <tr> <td>1</td> <td>2</td> <td>3</td> <td>4</td> <td>5</td> <td>6</td> <td>7</td> </tr> <tr> <td>8</td> <td>45.</td> <td>She said that initially he would give her $200.00 per week. Then it went to fortnightly.</td> </tr> <tr> <td>9</td> <td>While this changed from $200.00 to $250.00 and he kept adding, the payment of $600.00</td> </tr> <tr> <td>10</td> <td>every two weeks only started in 2019. She said that it was only since she first filed the</td> </tr> <tr> <td>11</td> <td>matter in Court that he started to do better.</td> </tr> <tr> <td>12</td> </tr> <tr> <td>13</td> <td>46.</td> <td>Her evidence was that every time the husband gave her money he would give her less</td> </tr> <tr> <td>14</td> <td>than the agreed or expected amount. She said that after he gets paid, he used to give her</td> </tr> <tr> <td>15</td> <td>$200.00, sometimes $150.00, whatever he has left over, she would get. He used to say</td> </tr> <tr> <td>16</td> <td>to her that he could not afford to give her $500.00 every fortnight. He would say that he</td> </tr> <tr> <td>17</td> <td>owes her the balance and she would never get the outstanding money. She told him that</td> </tr> <tr> <td>18</td> <td>she was tired of it. She said that she went to Court in relation to maintenance and not</td> </tr> <tr> <td>19</td> <td>because she was seeking a divorce. She said that it was the husband who told her that on</td> </tr> <tr> <td>20</td> <td>the basis of legal advice, he was seeking to divorce her and not pay maintenance.</td> </tr> <tr> <td>21</td> <td>22</td> <td>47.</td> <td>Having listened to both parties, I note that the issue between them is really one of</td> </tr> <tr> <td>23</td> <td>quantum. It is not whether the husband provided her with funds with regularity but</td> </tr> <tr> <td>24</td> <td>whether he provided funds at a particular level. I found it of significance that in cross</td> </tr> <tr> <td>25</td> <td>examination the wife husband 1 he was 50 years</td> <td>examif e said that I been self-er</td> <td>old a he goes and</td> <td>her somt，n</td> </tr> <tr> <td>26</td> <td>and that when does a jogive</td> <td>he would ethi</td> <td>meaning</td> </tr> </table> <sup>21</sup> Affidavit if 3rd May 2019, paragraph 16 Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 18 of 41 ```
```html <table> <tr> <td>1</td> <td>2</td> <td>3</td> </tr> <tr> <td>4</td> </tr> <tr> <td>5</td> <td>48.</td> <td>The husband said he gave her funds according to his earnings and seeks to shelter behind the variability of his earnings as justification for the level of funds given to her. For the last few years he was earning some $3，356.00 per month or $30.00 an hour. Even using the highest figure which he gave of $600.00 every two weeks, this would have been just about one third of his income and there would be good reason to say that this was a woefully inadequate amount in light of his earnings and the mortgage commitments and expenses of the household. This would mean that he would be left with disposable income of more than $2，000.00 while the wife had none. For the earlier years there are no figures for his income as a self-employed electrician. In the absence of same, it is difficult to assess whether he had the ability to pay more but I accept that it is likely the wife would have known the level of his earnings and would have been best positioned to determine whether or not he could pay more.</td> </tr> <tr> <td>18</td> <td>19</td> <td>49.</td> <td>Having listened to and assessed both parties, I accept that the husband contributed with some consistency to the household although the level of contributions varied over time and the wife was dissatisfied with them likely with good reason such that she felt compelled to approach the maintenance Court.</td> </tr> <tr> <td>23</td> <td>N- FINANCIATIONS</td> <td>NOIL CONTRIBI</td> <td>24</td> <td>25</td> <td>re was also a veen the wh</td> <td>par</td> <td>band did</td> <td>Then issue bet</td> <td>ether the ar</td> <td>ties as to hu</td> <td>work on the property. The husband's evidence was that at the time of the construction</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>of the house, he did the electrical work on it and over the years he has carried out all of</td> </tr> <tr> <td>2</td> <td>the miscellaneous repairs to the home and also maintained it by doing any necessary odd</td> </tr> <tr> <td>3</td> <td>jobs.</td> </tr> <tr> <td>4</td> </tr> <tr> <td>5</td> <td>51.</td> <td>The wife’s evidence on this point was that the husband did do the electrical work on the</td> </tr> <tr> <td>6</td> <td>property but she had to pay him to do the work. She produces copies of two cheques</td> </tr> <tr> <td>7</td> <td>paid to him in November and December 1996 in the total amount of $725.00 and says</td> </tr> <tr> <td>8</td> <td>that in all he received some $11,000.00. His evidence was that any sums he received</td> </tr> <tr> <td>9</td> <td>were used to purchase materials and to pay two of his work mates who assisted him after</td> </tr> <tr> <td>10</td> <td>hours to do the work. He says that he did not receive any payment for his own work.</td> </tr> <tr> <td>11</td> <td>There is no documentary evidence in support of either side on this point.</td> </tr> <tr> <td>12</td> </tr> <tr> <td>13</td> <td>52.</td> <td>The husband says that recently he has installed cabling so that the wife can have internet</td> </tr> <tr> <td>14</td> <td>in her room and that he has installed fans and recessed lighting in the kitchen.</td> </tr> <tr> <td>15</td> </tr> <tr> <td>16</td> <td>53.</td> <td>The wife stated that she purchases the materials whenever the husband does any work</td> </tr> <tr> <td>17</td> <td>around the house. She said that if a light bulb needs changing around the house, he will</td> </tr> <tr> <td>18</td> <td>do the work but she will have to buy the materials. One example is that she purchased</td> </tr> <tr> <td>19</td> <td>the recessed lighting for him to install.</td> </tr> <tr> <td>20</td> </tr> <tr> <td>21</td> <td>54.</td> <td>It appeared that neither party was saying anything different from the other particularly</td> </tr> <tr> <td>22</td> <td>in relation to the later years. I accept that the husband contributed his own unpaid labour</td> </tr> <tr> <td>23</td> <td>but he to be but meterials app to be purchased by the wife. This appears to have been the pattern</td> </tr> <tr> <td>24</td> <td>ears to have</td> </tr> <tr> <td>25</td> <td>2019</td> </tr> <tr> <td>26</td> </tr> </table> Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 20 of 41 ```
WAIVER OF INTEREST

¶ [55] In dispute between the parties, is whether the husband has over the years accepted that he has no interest in the property. The wife's evidence is that the husband has never asked for his name to be on the title or has on different occasions said that he will not seek to have a share of the property.

¶ [56] The husband denied this and said that he asked her several times to put his name on the title but she refused to do so. He said that there were early requests from him which lead the wife to discuss the matter with "Bro. R." the contractor who built the property. He alleges, which allegation is denied by the wife, that it was Bro. R. who advised her against putting his name on the property.

¶ [57] The wife's evidence is that she has been solely responsible for the loan repayments and has always paid the loan and mortgage payments directly from her salary. The husband never paid the mortgage, which he could have done by depositing his share in the bank account. Her daughter was diagnosed at the age of 15 with a major illness and had to be referred overseas for treatment and surgery. She obtained various loans using the property as collateral in order to pay for expenses relative to her daughter's treatment. Additionally, over the years she has sought various adjustments (extensions) of the mortgage to refurbish and repair the home. She did so in 2004, 2007, 2011 and in 2015. In respect of the last refinancing in 2015, the bank obtained a deed of waiver from the husband, having taken his interest in the property. The document which states in part: Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 21 of 41
```html <table> <tr> <td>1</td> <td>2</td> <td>3</td> <td>4</td> <td>5</td> <td>6</td> </tr> <tr> <td>7</td> <td>58.</td> <td>The husband agreed that during the Summary Court proceedings he had indicated that</td> </tr> <tr> <td>8</td> <td>he was prepared to relinquish his interest in the matrimonial home in the interests of</td> </tr> <tr> <td>9</td> <td>settling the maintenance matter but says that he was not saying by that, that he did not</td> </tr> <tr> <td>10</td> <td>have an interest in the home.</td> </tr> <tr> <td>11</td> <td>12</td> <td>59.</td> <td>As to his signing of the deed of waiver, he said that the wife took him to a lawyer for</td> </tr> <tr> <td>13</td> <td>him to sign it on the basis that if he did not do so, she would not get the loan from the</td> </tr> <tr> <td>14</td> <td>bank that she was seeking. She was seeking a loan of some $60，000.00. He said that he</td> </tr> <tr> <td>15</td> <td>agreed to sign it based on an emotional plea from her. He did not obtain any benefit from</td> </tr> <tr> <td>16</td> <td>that loan. The wife used the money to put in new windows and guttering in the house.</td> </tr> <tr> <td>17</td> <td>In re-examination he said that he did not understand that he was giving up his interest in</td> </tr> <tr> <td>18</td> <td>the house. She told him that she wanted him to sign the document so she could get more</td> </tr> <tr> <td>19</td> <td>money. He had not understood the technicality around the deed of waiver. As far as he</td> </tr> <tr> <td>20</td> <td>was concerned he was not giving up his interest in the house. The wife said that it was</td> </tr> <tr> <td>21</td> <td>the Bank that made the determination for him to sign the waiver and not her. Her</td> </tr> <tr> <td>22</td> <td>understanding is that the Bank required him to sign the waiver as it required updated</td> </tr> <tr> <td>23</td> <td>customer information.</td> </tr> <tr> <td>24</td> <td>25</td> <td>The husband said that earlier this year he had to call the Police as the wife said that she</td> </tr> <tr> <td>26</td> <td>27</td> <td>once as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce as the</td> <td>nce 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The impression which I had of the husband is that his general practice was to leave paperwork and business documents up to his wife. I believe and accept his evidence that when he signed the document, he did so because of the plea of the wife and to assist her to get the loan which she said that she needed and not because he was genuinely wishing to forego any interest which he may have in the house. The fact that he subsequently raised the possibility of a set off in the Summary Court provides some evidence of his belief that he has some interest in the property. THE WIFE'S CAR LOAN While both parties agree that each should keep their respective vehicles, an issue arises with respect to the car loan taken out by the wife in order to acquire her relatively new 2016 Toyota Rav 4 SUV. The wife’s evidence was that despite the relatively high price, it was acquired during a promotional event so was acquired for less than the usual purchase price. The husband took issue with her assertion that the car loan was a separate loan from the house loan and suggested that the property may have been used as collateral for the car purchase. If this is the case then the outstanding loan amount for the car would be deducted from the mortgage amount in order to arrive at the level of equity in the home. The husband suggested that the car loan was part of the $63,000.00 loan obtained in 2015. The wife maintained that the loans were initially from two separate institutions although they frequently took the loan over by a single institution. The document was subsequently taken over by a single institution which she produced to support her case. The document was subsequently taken over by a single institution which she produced to support her case. The document was subsequently taken over by a single institution which she produced to support her case. 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August 2015 and the car loan was obtained on 1st August 2016\footnote{Affidavit of the wife, dated 3rd May 2019, exhibit VJP 6, documents for accounts 178792 and 178426}. The wife said that the car loan was initially obtained from the Credit Union, hence the reason for a salary deduction of \$475.00 payable to that institution which continues to date. The last charge on the property is shown on the land register as entry \#15 and is dated 3rd September 2015 for an increase of \$63,750.04. This seems to be in line with the mortgage information which is on the documentation produced. There is no further charge reflected after 2015 to show an increased charge to correspond with the 2016 note in respect of the car loan. On balance, the husband has not satisfied me that the car loan was obtained using the property as collateral. I accept the evidence of the wife that these were and remain two separate loans. On reviewing the documents produced there does not appear to be a proper basis to conclude that the amount of the car loan should be deducted from the outstanding amount of the mortgage. \section{PROPERTY IN JAMAICA} The husband is the only child for his parents who are now deceased. They have left behind the home in which they resided. There is no title for the property. Neither left a will but the husband did not disagree that he would have a valid claim under Letters of Administration. \begin{table}[h] \centering \begin{tabular}{|c|c|} \hline \textbf{Date} & \textbf{Amount} \\ \hline 1st August 2016 & \$475.00 \\ \hline 3rd September 2015 & \$63,750.04 \\ \hline \end{tabular} \caption{Loan Payments} \end{table} Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 24 of 41

¶ [1] this property, she has visited the house and one child attended school in Jamaica and resided there for a time and was cared for by his mother. He said that the wife has discussed sharing this property with him if she has to share the matrimonial home.

¶ [2] The wife said that she assisted the husband in a non-financial way to obtain the loan to repair the house. Her evidence was that he “used her papers” and that she had to see that he paid back the loan. She denies telling him that she wants anything from the house. THE SUBMISSIONS

¶ [69] Counsel on behalf of the husband submitted that it is only in exceptional circumstances that a matrimonial home is not a matrimonial asset. It is urged that in this case the marital home although not in the names of both parties was bought during the marriage and was put into the melting pot of the marriage. The only non-family member who has ever lived there is a short term paying tenant sent by the Government’s Needs Assessment Unit for about three months. Counsel invited the Court to consider the following: i. If part of the initial down payment was obtained by a loan of $4,000.00 then it would have been paid off over the period of the marriage with funds from the marriage. ii. The husband co-signed on the mortgage. iii. This is an unusual case where the parties have been separated for 11 years but living together has continued making contributions. ```
```html <table> <tr> <td>iv.</td> <td>Although the wife is paying the mortgage, there is a short fall during each month, where the only income which the wife has is the income which is coming from the husband.</td> </tr> <tr> <td>v.</td> <td>Based on the case of Whyte v. Whyte, even if the asset is acquired post separation, the maximum allowable sharing ratio is 66.66% and 33.33%.</td> </tr> <tr> <td>70.</td> <td>Counsel also submitted:</td> </tr> <tr> <td>71.</td> <td>It was urged that the concept of equality should not be departed from and that the Court should look at the three strands of needs, compensation and sharing in relation to each party.</td> </tr> <tr> <td>72.</td> <td>Counsel on behalf of the wife submitted that the wife has always been the sole beneficial owner of this property. She purchased the property without financial assistance from the husband who has not made any contribution to its purchase or development costs.</td> </tr> <tr> <td>28</td> <td>alternative it is submitted that if the Court finds that he has an interest, this should be</td> </tr> </table>

¶ [1] assessed at less than 50% given that the husband, although contributing to the household expenses, has been doing so in an inconsistent and sporadic manner, such that the percentage of his contribution is inadequate to warrant a 50/50 share of the asset.

¶ [2] Counsel also points to the fact that the first home was at the parents’ house. When the wife moved to a rented apartment, this was a matrimonial home but not a matrimonial asset. The property in question was acquired at a time when the parties were separated, they were living separate and apart from each other. Given the principle in the cited case of *Wight v. Wight* as to property acquired during a period of separation, this property cannot be a matrimonial asset.

¶ [3] Having considered Counsel’s submission on this point, it is noted that the period discussed in the cited case of *Wight v. Wight* was after the breakdown of the marriage. In the instant case the property was acquired during a period of forced separation while the husband was incarcerated. This was followed by a period of agreed separation. The parties then reconciled. Construction commenced and continued over a period time, while the parties were reconciled and over which time, payments were made towards the property.

¶ [4] Counsel for the wife placed significant reliance on the case of *Millwood v. Seymour - Ebanks*<sup>23</sup> as being on all fours with this case while Counsel for the husband sought to distinguish the case. <sup>23</sup> Cause No. FAM 171/2011, 4<sup>th</sup> February 2015 Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 27 of 41
```html <table> <tr> <td>1</td> <td>76.</td> <td>Counsel for the wife submitted that one has to look at the conduct of the parties in this</td> </tr> <tr> <td>case throughout their married life. The Court should consider a number of matters</td> </tr> <tr> <td>including that they did not have a joint account, there was no pooling of resources, the</td> </tr> <tr> <td>fact that the husband did not request that his name be placed on the Register, the parties</td> </tr> <tr> <td>handled their financial affairs separately and that there was no direct contribution from</td> </tr> <tr> <td>the earnings of the husband to pay the mortgage.</td> </tr> <tr> <td>77.</td> <td>Counsel for the wife relied on these as factors as all being in line with the cited case</td> </tr> <tr> <td>which it is said means that it should be followed unless there is good reason to depart</td> </tr> <tr> <td>from it.</td> </tr> <tr> <td>78.</td> <td>Counsel on behalf on the husband submitted that the cited case of Millwood v Seymour</td> </tr> <tr> <td>- Ebanks can be distinguished for the following reasons:</td> </tr> <tr> <td>i.</td> <td>There was a third party involved, the mother of the wife. There is no third party</td> </tr> <tr> <td>in this case.</td> </tr> <tr> <td>ii.</td> <td>There was a history of transfer to child and transfer back.</td> </tr> <tr> <td>iii.</td> <td>The property in the instant case was acquired during the marriage and not before.</td> </tr> <tr> <td>iv.</td> <td>The Court had two properties when it was considering need in that case.</td> </tr> <tr> <td>v.</td> <td>There is only one parcel in the instant case so that monies given to the wife</td> </tr> <tr> <td>would relate to only the one property.</td> </tr> <tr> <td>vi.</td> <td>In that case, the husband built a second property on another parcel of land.</td> </tr> <tr> <td>vii.</td> <td>The wife was claiming on the second home but it was clear that the intention</td> </tr> <tr> <td>it was not goimonial hom</td> <td>ivo</td> <td>as whethe</td> </tr> <tr> <td>ne.</td> <td>tion of comm</td> <td>one whichr oi</td> </tr> <tr> <td>was that ing to be a m</td> <td>24</td> <td>The ques</td> <td>endeave</td> <td>r not the</td> </tr> <tr> <td>pat</td> <td>25</td> <td>property was intended to be a matrimonial home.</td> </tr> <tr> <td>26</td> </tr> </table> ``` ```latex \documentclass{article} \usepackage{geometry} \usepackage{graphicx} \usepackage{tabularx} \usepackage{amsmath} \begin{table}[h] \centering \begin{tabularx}{\textwidth}{|p{0.1\textwidth}|p{0.9\textwidth}|} \hline 1 & 76. Counsel for the wife submitted that one has to look at the conduct of the parties in this case throughout their married life. The Court should consider a number of matters including that they did not have a joint account, there was no pooling of resources, the fact that the husband did not request that his name be placed on the Register, the parties handled their financial affairs separately and that there was no direct contribution from the earnings of the husband to pay the mortgage. \\ \hline

¶ [77] & Counsel for the wife relied on these as factors as all being in line with the cited case which it is said means that it should be followed unless there is good reason to depart from it. \\ \hline

¶ [78] & Counsel on behalf on the husband submitted that the cited case of Millwood v Seymour - Ebanks can be distinguished for the following reasons: \\ \hline i. & There was a third party involved, the mother of the wife. There is no third party in this case. \\ \hline ii. & There was a history of transfer to child and transfer back. \\ \hline iii. & The property in the instant case was acquired during the marriage and not before. \\ \hline iv. & The Court had two properties when it was considering need in that case. \\ \hline v. & There is only one parcel in the instant case so that monies given to the wife would relate to only the one property. \\ \hline vi. & In that case, the husband built a second property on another parcel of land. \\ \hline vii. & The wife was claiming on the second home but it was clear that the intention it was not goimonial hom ivo as whethe ne. tion of comm one whichr oi was that ing to be a m 24 The ques endeave r not the pat 25 property was intended to be a matrimonial home. \\ \hline \end{tabularx} \end{table} \begin{flushleft} Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 \end{flushleft} ```
```markdown # ASSESSMENT

¶ [79] In the case of Millwood v Seymour-Ebanks, MacMillan J. was concerned with determining the status of two properties, neither of which had been registered in the joint names of the parties. Each party claimed an interest in both properties. One property was the former matrimonial home at Block 25 B, Parcel 477 in which the couple had resided for some 12 years. This property, was purchased prior to the 1998 marriage. It had been registered in the sole name of the wife from June 1987 until September 1998, before being registered in the names of the wife, her mother and DS. It was transferred into the sole name of the wife in order for her to obtain a favorable staff loan rate on a mortgage. The mother was re-added to the title in 2006. The learned Judge found that although the husband made financial contributions to the household and engaged in some maintenance and decorating activities there was no evidence of any direct link between his contributions and the mortgage itself.

¶ [80] The second property, Block 25 B Parcel 401, was purchased by the husband in 1987 also prior to the marriage. When the relationship of the parties deteriorated the husband constructed a home on this property.

¶ [81] The Court was concerned to identify the shared intentions of the parties. In doing so the Court noted that at no time had the names of both parties appeared on both registers. The Court rejected the husband’s allegation that the mother’s name had been re-added to the property in an attempt to thwart the party as matrimonial. This showed that there had been a historic record of involvement of the mother. ```
```html <table> <tr> <td>1</td> <td>with this property. The learned Judge concluded that there was no common endeavor</td> </tr> <tr> <td>2</td> <td>between the parties in respect of the ownership of Parcel 477.</td> </tr> <tr> <td>3</td> </tr> <tr> <td>4</td> <td>82. Similarly in relation to Parcel 401, the learned Judge noted the basis upon which</td> </tr> <tr> <td>5</td> <td>the husband began construction and concluded that this property had never been</td> </tr> <tr> <td>6</td> <td>matrimonial property.</td> </tr> <tr> <td>7</td> </tr> <tr> <td>8</td> <td>83. Having considered all the circumstances of both cases, I accept the submissions of</td> </tr> <tr> <td>9</td> <td>Counsel on behalf of the husband that there are a number of distinguishing features of</td> </tr> <tr> <td>10</td> <td>the cited case from the instant case.</td> </tr> <tr> <td>11</td> <td>IDENTIFYING THE MATRIMONIAL PROPERTY</td> </tr> <tr> <td>12</td> </tr> <tr> <td>13</td> <td>84. In assessing this matter and seeking to identify the matrimonial property I have regard</td> </tr> <tr> <td>14</td> <td>to the judgment of the Court in Miller v. Miller, McFarlane v. McFarlane in which</td> </tr> <tr> <td>15</td> <td>Lord Nicholls stated:-</td> </tr> <tr> <td>16</td> <td>“The parties’ matrimonial home, even if this was brought into the marriage at the</td> </tr> <tr> <td>17</td> <td>outset by one of the parties, usually has a central place in any marriage. So it should</td> </tr> <tr> <td>18</td> <td>normally be treated as matrimonial property for this purpose.” (paragraph 22)</td> </tr> <tr> <td>21</td> <td>85. Family assets are defined by reference to the landmark case of Wachtel v. Wachtell</td> </tr> <tr> <td>22</td> <td>“It refers to those things which are acquired by one or other or both of the parties,</td> </tr> <tr> <td>23</td> <td>with the intention that there should be continuing provision for them and their</td> </tr> <tr> <td>24</td> <td>children during their joint lives, and used for the benefit of the family as a whole.”</td> </tr> <tr> <td>25</td> </tr> </table> <image src="https://example.com/image.jpg" alt="Court Seal"> <image src="https://example.com/image2.jpg" alt="Court Seal"> <image src="https://example.com/image3.jpg" alt="Court Seal"> <image src="https://example.com/image4.jpg" alt="Court Seal"> <image src="https://example.com/image5.jpg" alt="Court Seal"> <image src="https://example.com/image6.jpg" alt="Court Seal"> <image src="https://example.com/image7.jpg" alt="Court Seal"> <image src="https://example.com/image8.jpg" alt="Court Seal"> <image src="https://example.com/image9.jpg" alt="Court Seal"> <image 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alt="Court Seal"> <image src="https://example.com/image58.jpg" alt="Court Seal"> <image src="https://example.com/image59.jpg" alt="Court Seal"> <image src="https://example.com/image60.jpg" alt="Court Seal"> <image src="https://example.com/image61.jpg" alt="Court Seal"> <image src="https://example.com/image62.jpg" alt="Court Seal"> <image src="https://example.com/image63.jpg" alt="Court Seal"> <image src="https://example.com/image64.jpg" alt="Court Seal"> <image src="https://example.com/image65.jpg" alt="Court Seal"> <image src="https://example.com/image66.jpg" alt="Court Seal"> <image src="https://example.com/image67.jpg" alt="Court Seal"> <image src="https://example.com/image68.jpg" alt="Court Seal"> <image src="https://example.com/image69.jpg" alt="Court Seal"> <image src="https://example.com/image70.jpg" alt="Court Seal"> <image src="https://example.com/image71.jpg" alt="Court Seal"> <image src="https://example.com/image72.jpg" alt="Court Seal"> <image src="https://example.com/image73.jpg" alt="Court Seal"> <image src="https://example.com/image74.jpg" alt="Court Seal"> <image src="https://example.com/image75.jpg" alt="Court Seal"> <image src="https://example.com/image76.jpg" alt="Court Seal"> <image src="https://example.com/image77.jpg" alt="Court Seal"> <image src="https://example.com/image78.jpg" alt="Court Seal"> <image src="https://example.com/image79.jpg" alt="Court Seal"> <image src="https://example.com/image80.jpg" alt="Court Seal"> <image src="https://example.com/image81.jpg" alt="Court Seal"> <image src="https://example.com/image82.jpg" alt="Court Seal"> <image src="https://example.com/image83.jpg" alt="Court Seal"> <image src="https://example.com/image84.jpg" alt="Court Seal"> <image src="https://example.com/image85.jpg" alt="Court Seal"> <image src="https://example.com/image86.jpg" alt="Court Seal"> <image src="https://example.com/image87.jpg" alt="Court Seal"> <image src="https://example.com/image88.jpg" alt="Court Seal"> <image src="https://example.com/image89.jpg" alt="Court Seal"> <image src="https://example.com/image90.jpg" alt="Court Seal"> <image src="https://example.com/image91.jpg" alt="Court Seal"> <image src="https://example.com/image92.jpg" alt="Court Seal"> <image src="https://example.com/image93.jpg" alt="Court Seal"> <image src="https://example.com/image94.jpg" alt="Court Seal"> <image src="https://example.com/image95.jpg" alt="Court Seal"> <image src="https://example.com/image96.jpg" alt="Court Seal"> <image src="https://example.com/image97.jpg" alt="Court Seal"> <image src="https://example.com/image98.jpg" alt="Court Seal"> <image src="https://example.com/image99.jpg" alt="Court Seal"> <image src="https://example.com/image100.jpg" alt="Court Seal"> <image src="https://example.com/image101.jpg" alt="Court Seal"> <image src="https://example.com/image102.jpg" alt="Court Seal"> <image src="https://example.com/image103.jpg" alt="Court Seal"> <image src="https://example.com/image104.jpg" alt="Court Seal"> <image src="https://example.com/image105.jpg" alt="Court Seal"> <image src="https://example.com/image106.jpg" alt="Court Seal"> <image src="https://example.com/image107.jpg" alt="Court Seal"> <image src="https://example.com/image108.jpg" alt="Court Seal"> <image src="https://example.com/image109.jpg" alt="Court Seal"> <image src="https://example.com/image110.jpg" alt="Court Seal"> <image src="https://example.com/image111.jpg" alt="Court Seal"> <image src="https://example.com/image112.jpg" alt="Court Seal"> <image src="https://example.com/image113.jpg" alt="Court Seal"> <image src="https://example.com/image114.jpg" alt="Court Seal"> <image src="https://example.com/image115.jpg" alt="Court Seal"> <image src="https://example.com/image116.jpg" alt="Court Seal"> <image src="https://example.com/image117.jpg" alt="Court Seal"> <image src="https://example.com/image118.jpg" alt="Court Seal"> <image src="https://example.com/image119.jpg" alt="Court Seal"> <image src="https://example.com/image120.jpg" alt="Court Seal"> <image src="https://example.com/image121.jpg" alt="Court Seal"> <image src="https://example.com/image122.jpg" alt="Court Seal"> <image src="https://example.com/image123.jpg" alt="Court Seal"> <image src="https://example.com/image124.jpg" alt="Court Seal"> <image src="https://example.com/image125.jpg" alt="Court Seal"> <image src="https://example.com/image126.jpg" alt="Court Seal"> <image src="https://example.com/image127.jpg" alt="Court Seal"> <image src="https://example.com/image128.jpg" alt="Court Seal"> <image src="https://example.com/image129.jpg" alt="Court Seal"> <image src="https://example.com/image130.jpg" alt="Court Seal"> <image src="https://example.com/image131.jpg" alt="Court Seal"> <image src="https://example.com/image132.jpg" alt="Court Seal"> <image src="https://example.com/image133.jpg" alt="Court Seal"> <image src="https://example.com/image134.jpg" alt="Court Seal"> <image src="https://example.com/image135.jpg" alt="Court Seal"> <image src="https://example.com/image136.jpg" alt="Court Seal"> <image src="https://example.com/image137.jpg" alt="Court Seal"> <image src="https://example.com/image138.jpg" alt="Court Seal"> <image src="https://example.com/image139.jpg" alt="Court Seal"> <image src="https://example.com/image140.jpg" alt="Court Seal"> <image src="https://example.com/image141.jpg" alt="Court Seal"> <image src="https://example.com/image142.jpg" alt="Court Seal"> <image src="https://example.com/image143.jpg" alt="Court Seal"> <image src="https://example.com/image144.jpg" alt="Court Seal"> <image src="https://example.com/image145.jpg" alt="Court Seal"> <image src="https://example.com/image146.jpg" alt="Court Seal"> <image src="https://example.com/image147.jpg" alt="Court Seal"> <image src="https://example.com/image148.jpg" alt="Court Seal"> <image src="https://example.com/image149.jpg" alt="Court Seal"> <image src="https://example.com/image150.jpg" alt="Court Seal"> <image src="https://example.com/image151.jpg" alt="Court Seal"> <image src="https://example.com/image152.jpg" alt="Court Seal"> <image src="https://example.com/image153.jpg" alt="Court Seal"> <image src="https://example.com/image154.jpg" alt="Court Seal"> <image src="https://example.com/image155.jpg" alt="Court Seal"> <image src="https://example.com/image156.jpg" alt="Court Seal"> <image src="https://example.com/image157.jpg" alt="Court Seal"> <image src="https://example.com/image158.jpg" alt="Court Seal"> <image src="https://example.com/image159.jpg" alt="Court Seal"> <image src="https://example.com/image160.jpg" alt="Court Seal"> <image src="https://example.com/image161.jpg" alt="Court Seal"> <image src="https://example.com/image162.jpg" alt="Court Seal"> <image src="https://example.com/image163.jpg" alt="Court Seal"> <image src="https://example.com/image164.jpg" alt="Court Seal"> <image src="https://example.com/image165.jpg" alt="Court Seal"> <image src="https://example.com/image166.jpg" alt="Court Seal"> <image src="https://example.com/image167.jpg" alt="Court Seal"> <image src="https://example.com/image168.jpg" alt="Court Seal"> <image src="https://example.com/image169.jpg" alt="Court Seal"> <image src="https://example.com/image170.jpg" alt="Court Seal"> <image src="https://example.com/image171.jpg" alt="Court Seal"> <image src="https://example.com/image172.jpg" alt="Court Seal"> <image src="https://example.com/image173.jpg" alt="Court Seal"> <image src="https://example.com/image174.jpg" alt="Court Seal"> <image src="https://example.com/image175.jpg" alt="Court Seal"> <image src="https://example.com/image176.jpg" alt="Court Seal"> <image src="https://example.com/image177.jpg" alt="Court Seal"> <image src="https://example.com/image178.jpg" alt="Court Seal"> <image src="https://example.com/image179.jpg" alt="Court Seal"> <image src="https://example.com/image180.jpg" alt="Court Seal"> <image src="https://example.com/image181.jpg" alt="Court Seal"> <image src="https://example.com/image182.jpg" alt="Court Seal"> <image src="https://example.com/image183.jpg" alt="Court Seal"> <image src="https://example.com/image184.jpg" alt="Court Seal"> <image src="https://example.com/image185.jpg" alt="Court Seal"> <image src="https://example.com/image186.jpg" alt="Court Seal"> <image src="https://example.com/image187.jpg" alt="Court Seal"> <image src="https://example.com/image188.jpg" alt="Court Seal"> <image src="https://example.com/image189.jpg" alt="Court Seal"> <image src="https://example.com/image190.jpg" alt="Court Seal"> <image src="https://example.com/image191.jpg" alt="Court Seal"> <image src="https://example.com/image192.jpg" alt="Court Seal"> <image src="https://example.com/image193.jpg" alt="Court Seal"> <image src="https://example.com/image194.jpg" alt="Court Seal"> <image src="https://example.com/image195.jpg" alt="Court Seal"> <image src="https://example.com/image196.jpg" alt="Court Seal"> <image src="https://example.com/image197.jpg" alt="Court Seal"> <image src="https://example.com/image198.jpg" alt="Court Seal"> <image src="https://example.com/image199.jpg" alt="Court Seal"> <image src="https://example.com/image200.jpg" alt="Court Seal"> <image src="https://example.com/image201.jpg" alt="Court Seal"> <image src="https://example.com/image202.jpg" alt="Court Seal"> <image src="https://example.com/image203.jpg" alt="Court Seal"> <image src="https://example.com/image204.jpg" alt="Court Seal"> <image src="https://example.com/image205.jpg" alt="Court Seal"> <image src="https://example.com/image206.jpg" alt="Court Seal"> <image src="https://example.com/image207.jpg" alt="Court Seal"> <image src="https://example.com/image208.jpg" alt="Court Seal"> <image src="https://example.com/image209.jpg" alt="Court Seal"> <image src="https://example.com/image210.jpg" alt="Court Seal"> <image src="https://example.com/image211.jpg" alt="Court Seal"> <image src="https://example.com/image212.jpg" alt="Court Seal"> <image src="https://example.com/image213.jpg" alt="Court Seal"> <image src="https://example.com/image214.jpg" alt="Court Seal"> <image src="https://example.com/image215.jpg" alt="Court Seal"> <image src="https://example.com/image216.jpg" alt="Court Seal"> <image src="https://example.com/image217.jpg" alt="Court Seal"> <image src="https://example.com/image218.jpg" alt="Court Seal"> <image src="https://example.com/image219.jpg" alt="Court Seal"> <image src="https://example.com/image220.jpg" alt="Court Seal"> <image src="https://example.com/image221.jpg" alt="Court Seal"> <image src="https://example.com/image222.jpg" alt="Court Seal"> <image src="https://example.com/image223.jpg" alt="Court Seal"> <image src="https://example.com/image224.jpg" alt="Court Seal"> <image src="https://example.com/image225.jpg" alt="Court Seal"> <image src="https://example.com/image226.jpg" alt="Court Seal"> <image src="https://example.com/image227.jpg" alt="Court Seal"> <image src="https://example.com/image228.jpg" alt="Court Seal"> <image src="https://example.com/image229.jpg" alt="Court Seal"> <image src="https://example.com/image230.jpg" alt="Court Seal"> <image src="https://example.com/image231.jpg" alt="Court Seal"> <image src="https://example.com/image232.jpg" alt="Court Seal"> <image src="https://example.com/image233.jpg" alt="Court Seal"> <image src="https://example.com/image234.jpg" alt="Court Seal"> <image src="https://example.com/image235.jpg" alt="Court Seal"> <image src="https://example.com/image236.jpg" alt="Court Seal"> <image src="https://example.com/image237.jpg" alt="Court Seal"> <image src="https://example.com/image238.jpg" alt="Court Seal"> <image src="https://example.com/image239.jpg" alt="Court Seal"> <image src="https://example.com/image240.jpg" alt="Court Seal"> <image src="https://example.com/image241.jpg" alt="Court Seal"> <image src="https://example.com/image242.jpg" alt="Court Seal"> <image src="https://example.com/image243.jpg" alt="Court Seal"> <image src="https://example.com/image244.jpg" alt="Court Seal"> <image src="https://example.com/image245.jpg" alt="Court Seal"> <image src="https://example.com/image246.jpg" alt="Court Seal"> <image src="https://example.com/image247.jpg" alt="Court Seal"> <image src="https://example.com/image248.jpg" alt="Court Seal"> <image src="https://example.com/image249.jpg" alt="Court Seal"> <image src="https://example.com/image250.jpg" alt="Court Seal"> <image src="https://example.com/image251.jpg" alt="Court Seal"> <image src="https://example.com/image252.jpg" alt="Court Seal"> <image src="https://example.com/image253.jpg" alt="Court Seal"> <image src="https://example.com/image254.jpg" alt="Court Seal"> <image src="https://example.com/image255.jpg" alt="Court Seal"> <image src="https://example.com/image256.jpg" alt="Court Seal"> <image src="https://example.com/image257.jpg" alt="Court Seal"> <image src="https://example.com/image258.jpg" alt="Court Seal"> <image src="https://example.com/image259.jpg" alt="Court Seal"> <image src="https://example.com/image260.jpg" alt="Court Seal"> <image src="https://example.com/image261.jpg" alt="Court Seal"> <image src="https://example.com/image262.jpg" alt="Court Seal"> <image src="https://example.com/image263.jpg" alt="Court Seal"> <image src="https://example.com/image264.jpg" alt="Court Seal"> <image src="https://example.com/image265.jpg" alt="Court Seal"> <image src="https://example.com/image266.jpg" alt="Court Seal"> <image src="https://example.com/image267.jpg" alt="Court Seal"> <image src="https://example.com/image268.jpg" alt="Court Seal"> <image src="https://example.com/image269.jpg" alt="Court Seal"> <image src="https://example.com/image270.jpg" alt="Court Seal"> <image src="https://example.com/image271.jpg" alt="Court Seal"> <image src="https://example.com/image272.jpg" alt="Court Seal"> <image src="https://example.com/image273.jpg" alt="Court Seal"> <image src="https://example.com/image274.jpg" alt="Court Seal"> <image src="https://example.com/image275.jpg" alt="Court Seal"> <image src="https://example.com/image276.jpg" alt="Court Seal"> <image src="https://example.com/image277.jpg" alt="Court Seal"> <image src="https://example.com/image278.jpg" alt="Court Seal"> <image src="https://example.com/image279.jpg" alt="Court Seal"> <image src="https://example.com/image280.jpg" alt="Court Seal"> <image src="https://example.com/image281.jpg" alt="Court Seal"> <image src="https://example.com/image282.jpg" alt="Court Seal"> <image src="https://example.com/image283.jpg" alt="Court Seal"> <image src="https://example.com/image284.jpg" alt="Court Seal"> <image src="https://example.com/image285.jpg" alt="Court Seal"> <image src="https://example.com/image286.jpg" alt="Court Seal"> <image src="https://example.com/image287.jpg" alt="Court Seal"> <image src="https://example.com/image288.jpg" alt="Court Seal"> <image src="https://example.com/image289.jpg" alt="Court Seal"> <image src="https://example.com/image290.jpg" alt="Court Seal"> <image src="https://example.com/image291.jpg" alt="Court Seal"> <image src="https://example.com/image292.jpg" alt="Court Seal"> <image src="https://example.com/image293.jpg" alt="Court Seal"> <image src="https://example.com/image294.jpg" alt="Court Seal"> <image src="https://example.com/image295.jpg" alt="Court Seal"> <image src="https://example.com/image296.jpg" alt="Court Seal"> <image src="https://example.com/image297.jpg" alt="Court Seal"> <image src="https://example.com/image298.jpg" alt="Court Seal"> <image src="https://example.com/image299.jpg" alt="Court Seal"> <image src="https://example.com/image300.jpg" alt="Court Seal"> <image src="https://example.com/image301.jpg" alt="Court Seal"> <image src="https://example.com/image302.jpg" alt="Court Seal"> <image src="https://example.com/image303.jpg" alt="Court Seal"> <image src="https://example.com/image304.jpg" alt="Court Seal"> <image src="https://example.com/image305.jpg" alt="Court Seal"> <image src="https://example.com/image306.jpg" alt="Court Seal"> <image src="https://example.com/image307.jpg" alt="Court Seal"> <image src="https://example.com/image308.jpg" alt="Court Seal"> <image src="https://example.com/image309.jpg" alt="Court Seal"> <image src="https://example.com/image310.jpg" alt="Court Seal"> <image src="https://example.com/image311.jpg" alt="Court Seal"> <image src="https://example.com/image312.jpg" alt="Court Seal"> <image src="https://example.com/image313.jpg" alt="Court Seal"> <image src="https://example.com/image314.jpg" alt="Court Seal"> <image src="https://example.com/image315.jpg" alt="Court Seal"> <image src="https://example.com/image316.jpg" alt="Court Seal"> <image src="https://example.com/image317.jpg" alt="Court Seal"> <image src="https://example.com/image318.jpg" alt="Court Seal"> <image src="https://example.com/image319.jpg" alt="Court Seal"> <image src="https://example.com/image320.jpg" alt="Court Seal"> <image src="https://example.com/image321.jpg" alt="Court Seal"> <image src="https://example.com/image322.jpg" alt="Court Seal"> <image src="https://example.com/image323.jpg" alt="Court Seal"> <image src="https://example.com/image324.jpg" alt="Court Seal"> <image src="https://example.com/image325.jpg" alt="Court Seal"> <image src="https://example.com/image326.jpg" alt="Court Seal"> <image src="https://example.com/image327.jpg" alt="Court Seal"> <image src="https://example.com/image328.jpg" alt="Court Seal"> <image src="https://example.com/image329.jpg" alt="Court Seal"> <image src="https://example.com/image330.jpg" alt="Court Seal"> <image src="https://example.com/image331.jpg" alt="Court Seal"> <image src="https://example.com/image332.jpg" alt="Court Seal"> <image src="https://example.com/image333.jpg" alt="Court Seal"> <image src="https://example.com/image334.jpg" alt="Court Seal"> <image src="https://example.com/image335.jpg" alt="Court Seal"> <image src="https://example.com/image336.jpg" alt="Court Seal"> <image src="https://example.com/image337.jpg" alt="Court Seal"> <image src="https://example.com/image338.jpg" alt="Court Seal"> <image src="https://example.com/image339.jpg" alt="Court Seal"> <image src="https://example.com/image340.jpg" alt="Court Seal"> <image src="https://example.com/image341.jpg" alt="Court Seal"> <image src="https://example.com/image342.jpg" alt="Court Seal"> <image src="https://example.com/image343.jpg" alt="Court Seal"> <image src="https://example.com/image344.jpg" alt="Court Seal"> <image src="https://example.com/image345.jpg" alt="Court Seal"> <image src="https://example.com/image346.jpg" alt="Court Seal"> <image src="https://example.com/image347.jpg" alt="Court Seal"> <image src="https://example.com/image348.jpg" alt="Court Seal"> <image src="https://example.com/image349.jpg" alt="Court Seal"> <image src="https://example.com/image350.jpg" alt="Court Seal"> <image src="https://example.com/image351.jpg" alt="Court Seal"> <image src="https://example.com/image352.jpg" alt="Court Seal"> <image src="https://example.com/image353.jpg" alt="Court Seal"> <image src="https://example.com/image354.jpg" alt="Court Seal"> <image src="https://example.com/image355.jpg" alt="Court Seal"> <image src="https://example.com/image356.jpg" alt="Court Seal"> <image src="https://example.com/image357.jpg" alt="Court Seal"> <image src="https://example.com/image358.jpg" alt="Court Seal"> <image src="https://example.com/image359.jpg" alt="Court Seal"> <image src="https://example.com/image360.jpg" alt="Court Seal"> <image src="https://example.com/image361.jpg" alt="Court Seal"> <image src="https://example.com/image362.jpg" alt="Court Seal"> <image src="https://example.com/image363.jpg" alt="Court Seal"> <image src="https://example.com/image364.jpg" alt="Court Seal"> <image src="https://example.com/image365.jpg" alt="Court Seal"> <image src="https://example.com/image366.jpg" alt="Court Seal"> <image src="https://example.com/image367.jpg" alt="Court Seal"> <image src="https://example.com/image368.jpg" alt="Court Seal"> <image src="https://example.com/image369.jpg" alt="Court Seal"> <image src="https://example.com/image370.jpg" alt="Court Seal"> <image src="https://example.com/image371.jpg" alt="Court Seal"> <image src="https://example.com/image372.jpg" alt="Court Seal"> <image src="https://example.com/image373.jpg" alt="Court Seal"> <image src="https://example.com/image374.jpg" alt="Court Seal"> <image src="https://example.com/image375.jpg" alt="Court Seal"> <image src="https://example.com/image376.jpg" alt="Court Seal"> <image src="https://example.com/image377.jpg" alt="Court Seal"> <image src="https://example.com/image378.jpg" alt="Court Seal"> <image src="https://example.com/image379.jpg" alt="Court Seal"> <image src="https://example.com/image380.jpg" alt="Court Seal"> <image src="https://example.com/image381.jpg" alt="Court Seal"> <image src="https://example.com/image382.jpg" alt="Court Seal"> <image src="https://example.com/image383.jpg" alt="Court Seal"> <image src="https://example.com/image384.jpg" alt="Court Seal"> <image src="https://
```html <table> <tr> <td>1</td> <td>86.</td> <td>In the instant case, notwithstanding the periods of separation, this was still a marriage of</td> </tr> <tr> <td>2</td> <td>some considerable length. The wife obtained an initial mortgage loan in 1992 and used</td> </tr> <tr> <td>3</td> <td>the funds to effect work on the home and for their daughter's medical expenses. She</td> </tr> <tr> <td>4</td> <td>obtained further refinancing in 1996 to continue with construction of the home. She</td> </tr> <tr> <td>5</td> <td>says that thereafter the family moved into the home in September 1996 in an unfinished but</td> </tr> <tr> <td>6</td> <td>livable condition as the family had been living under a lease arrangement in rented</td> </tr> <tr> <td>7</td> <td>accommodation25. Having moved into the matrimonial home in 1996 the couple</td> </tr> <tr> <td>8</td> <td>remained together for about 12 years until 2008 when there was a second period of</td> </tr> <tr> <td>9</td> <td>separation of about one year. Following reconciliation according to the husband they</td> </tr> <tr> <td>10</td> <td>remained together for at least another 3 years.</td> </tr> <tr> <td>11</td> <td>12</td> <td>87.</td> <td>From all the evidence it is undoubtedly the case that the home, though purchased with</td> </tr> <tr> <td>13</td> <td>an initial down payment by the wife was placed into the melting pot of the marriage.</td> </tr> <tr> <td>14</td> <td>This was the family home for some 23 years. While the husband made no direct</td> </tr> <tr> <td>15</td> <td>payments towards the mortgage, from the wife's, own account, his financial</td> </tr> <tr> <td>16</td> <td>contributions were integral to the financial stability of the household. The clear inference</td> </tr> <tr> <td>17</td> <td>from the wife's written and oral evidence is that she would not have been able to pay her</td> </tr> <tr> <td>18</td> <td>other bills had there not been financial contribution from the husband. I believe the</td> </tr> <tr> <td>19</td> <td>husband in his evidence in part because he is supported by the wife's own account. She</td> </tr> <tr> <td>20</td> <td>could have chosen to put the monies received from him towards the mortgage. He did</td> </tr> <tr> <td>21</td> <td>not as he said “dictate to her” how to spend the money.</td> </tr> <tr> <td>22</td> <td>23</td> <td>24</td> </tr> </table> <image> <sup>25</sup> Affidavit of Wife dated 3rd May 2019, paragraph 14 <image> Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 31 of 41 ```
```html <table> <tr> <td>1</td> <td>88.</td> <td>There is every indication that the parties pooled what little resources they had. After the</td> </tr> <tr> <td>2</td> <td>purchase of the land, the construction of the home took place over a period of years</td> </tr> <tr> <td>3</td> <td>during which time the husband was contributing to the household. He co-signed on the</td> </tr> <tr> <td>4</td> <td>construction loan thus assuming some responsibility for it. This must have been because</td> </tr> <tr> <td>5</td> <td>the parties contemplated that this was their family home and that he was an equal partner</td> </tr> <tr> <td>6</td> <td>in the building project. This is a significant factor in indicating the intention of the</td> </tr> <tr> <td>7</td> <td>parties. The fact that he left it to the wife to spend the money which he gave to her,</td> </tr> <tr> <td>8</td> <td>however she wished rather than making direct payments towards the loan does not in my</td> </tr> <tr> <td>9</td> <td>view detract from this.</td> </tr> <tr> <td>10</td> <td>11</td> <td>89.</td> <td>Given all the circumstances including that this was the matrimonial home which had a</td> </tr> <tr> <td>12</td> <td>central place in the marriage and that it appears that the construction and maintenance</td> </tr> <tr> <td>13</td> <td>of the home was the common endeavor of the parties, this property is a matrimonial</td> </tr> <tr> <td>14</td> <td>asset.</td> </tr> <tr> <td>15</td> <td>16</td> <td>90.</td> <td>I have considered whether there are circumstances of such a nature that there is a proper</td> </tr> <tr> <td>17</td> <td>and clear basis to depart from the yardstick of equality in this case. In this regard, I have</td> </tr> <tr> <td>18</td> <td>considered the fact that the wife made the initial down payment at a time when</td> </tr> <tr> <td>19</td> <td>the husband would have been unable to contribute because of his incarceration. I have noted</td> </tr> <tr> <td>20</td> <td>that the level of the down payment was not extensive. This is not a case where one party</td> </tr> <tr> <td>21</td> <td>personally paid the whole or a significant portion of the acquisition or construction costs</td> </tr> <tr> <td>22</td> <td>of the property such that it would be inequitable to disregard it. I have also noted that</td> </tr> <tr> <td>23</td> <td>was the start c which considered the w</td> <td>of the projected over time</td> <td>rut had over c</td> <td>uld have c</td> </tr> <tr> <td>24</td> <td>nuife's</td> <td>olaints, some</td> <td>cept as the</td> <td>tributed</td> </tr> <tr> <td>25</td> <td>more. However I do not think that it is possible to try to measure and weigh every dollar</td> </tr> <tr> <td>26</td> <td>of contribution to such a nicety such that one is able to arrive at an approximate much</td> </tr> </table> Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 32 of 41 ```
```html <table> <tr> <td>1</td> <td>less a mathematical calculation. Indeed I consider that it may well be unwise to do so</td> </tr> <tr> <td>2</td> <td>particularly looking through the lens of the past and in the absence of documents and</td> </tr> <tr> <td>3</td> <td>records. I am guided by the approach of McMillan J. in the cited case, that what one is</td> </tr> <tr> <td>4</td> <td>seeking to discern is the shared intention of the parties with respect to the particular</td> </tr> <tr> <td>5</td> <td>property.</td> </tr> <tr> <td>6</td> <td>7</td> <td>91.</td> <td>Having considered the length of the marriage, the pooling of the couples resources albeit</td> </tr> <tr> <td>8</td> <td>in an indirect way, the cosigning of the construction loan, the regularity of the indirect</td> </tr> <tr> <td>9</td> <td>contributions of the husband, the fact that those contributions were used to fill a shortfall</td> </tr> <tr> <td>10</td> <td>in the wife’s income, the contributions of labour by the husband over the years, and the</td> </tr> <tr> <td>11</td> <td>absence of any exceptional circumstances, there is in my view no good reason to depart</td> </tr> <tr> <td>12</td> <td>from the yardstick of equality.</td> </tr> <tr> <td>13</td> <td>14</td> <td>92.</td> <td>I conclude on this aspect that each party is entitled to one half share in the equity in this</td> </tr> <tr> <td>15</td> <td>property.</td> </tr> <tr> <td>16</td> <td>17</td> <td>93.</td> <td>The issue of the existence of the bank waiver which the husband signed is a live one.</td> </tr> <tr> <td>18</td> <td>The waiver document appears to suggest that the Bank will not agree to recognise any</td> </tr> <tr> <td>19</td> <td>interest which he may have in the property until the loan is fully repaid. Thus the Bank</td> </tr> <tr> <td>20</td> <td>may object to the transfer of the property into the joint names of the parties at this time.</td> </tr> <tr> <td>21</td> <td>22</td> <td>94.</td> <td>There is no evidence that the home in Jamaica is other than an inheritance by the</td> </tr> <tr> <td>23</td> <td>husband. The wife made no contribution to it although she supported the husband to</td> </tr> <tr> <td>obtains. It does nutrimonial pr</td> <td>26</td> <td>property</td> </tr> <tr> <td>24</td> <td>ain repair loot constitute</td> <td>25</td> <td>27</td> <td>28</td> </tr> </table> Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 33 of 41 ```
THE INCOME, ASSETS AND EXPENSES OF THE PARTIES

¶ [95] On the 20th February 2019, the husband's contractual and regular employment with a local company ceased and while he still does some electrical work for the company, this is on an ad hoc basis, as and when work is available. He previously earned CI $3,356.24 per month or CI $30.00 per hour. Now his earnings are variable depending on the jobs undertaken. From his bank records his recent earnings on a bi-weekly basis have been as follows: | Date in 2019 | Bi-weekly earnings CI$ | |--------------|------------------------| | 22nd March | 2,848.99 | | 5th April | 1,909.50 | | 17th April | 2,394.00 | | 3rd May | 2,123.25 | | 17th May | 2,280.00 | | 31st May | 1,109.00 | | 3rd June | 1,000.00 |

¶ [96] He has a very small pension because there were no contributions prior to employment by the last company for which he has worked. He had been mostly self-employed and did not enter into a pension plan. Having only signed up in 2017 for the last two years of his regular employment, the account value is CI$9,723.67 as at 28th February 2019. He owns a truck which is old which he is prepared to retain. He gives his expenses as follows: i. Groceries/food purchases - $50.00 per day ii. Gas bills $45 to $50.00 per week - $200 per month iii. Personal expenses - $50.00 per month Clothes/pnse - about $200 per month He says that on average this amounts to about $1,200 per month. Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 34 of 41
The wife is employed as a filing clerk since 1st December 1998 earning CI$3,518.86 per month. After deductions of $1217.04 including statutory deductions, savings at the Credit Union of $417.00 and life investment savings of $194.00, her take home pay is $2,301.82. She supplements her earnings by employment as a part-time school janitor from which she earns CI$1,045.00 per month during the school year. From this is deducted CI$52.25 for pensions contributions leaving a balance of CI$992.75 per month. Her disposable income is thus CI $4,494.57 per month when the husband's contribution of $1,200 per month is included. Her monthly expenses are: | Expense | Amount | | --- | --- | | Mortgage | $1429.00 | | House Insurance | 271.00 | | Gasoline | 100.00 | | Car loan | 475.00 | | Car Insurance | 100.00 | | Tithes | 335.00 | | Personal Care | 200.00 | | Yard Maintenance | 200.00 | | Vehicle licensing and propane gas | 31.53 | | Electricity | 300.00 | | Water | 34.00 | | Groceries | 300.00 | | Internet | 250.96 | | Television | 121.50 | | Phone | 177.35 | | Total | 4,325.34 | Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020

¶ [100] She explained that the last six items shown above in bold are met using funds from the husband. The money spent on groceries is for the entire household. She supplements this with her own funds when needed.

¶ [101] Her assets and liabilities are stated by her to be as follows: | Assets | | --- | | Bank Account | $264.44 | | Share Account | $700.42 | | Savings Account | $306.42 | | Life investment Policy | (value unstated) | | Pension 1 | $10,792.09 | | Pension 2 | $59,099.90 (maximum commutation lump sum) monthly payment would be $956.26 | | 2016 Toyota Rav 4 | $20,144.00 | | Liabilities | | --- | | Car loan (as at 23<sup>rd</sup> April 2019) | $17,241.40 | | Mortgage loan | $216,242.49 |

¶ [102] In oral evidence she said that she has no savings and is left in a negative position at the end of each month. She said that she overcomes this by trusting in God and living among people who help. In cross examination she said that it is correct that there are periods during the month when the only money she has is what she receives from the husband until paid by her part time employment on the 26<sup>th</sup> of the month. Whatever he gives to her is used to pay the bills. Additionally she does not earn from the part time employment during holidays. Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020 Page 36 of 41
```html <table> <tr> <td>103.</td> <td>She said that if she were to keep the house, she would have to try to continue paying for it and she could seek a paying tenant if this has to be done. She said that she is not in a position to pay the husband if he has an interest in the house. With retirement being only three years away, she will be trying to work for as long as she is able. She has no other assets here or elsewhere. If the house had to be sold she does not know what she would do. She said that she would have to start over.</td> </tr> <tr> <td>104.</td> <td>In cross examination, she was questioned about the choice made by her to buy a new rather than used car which has resulted in her having a second bank loan which she can ill afford to pay. She explained that on initial purchase her son had then been employed and had been assisting with one half of the loan payment. She has not thought about getting a cheaper car.</td> </tr> <tr> <td>105.</td> <td>Neither party seeks a share in the other's pension or in their respective motor vehicles. In any event, the purchase of the wife's vehicle occurred during the separation of the parties. There is no evidence that it was acquired for the benefit of both or that it was intended to be used by both. It does not constitute matrimonial property. The benefit and liability for this asset should fall solely to the wife.</td> </tr> <tr> <td>THE NEEDS OF THE PARTIES</td> </tr> <tr> <td>106.</td> <td>The circumstances and needs of the parties are of concern to this Court. Both require housing and sufficient funds to meet their day to day expenses to be able to live still need a t to and fjobquire a level inde each other. While t</td> </tr> <tr> <td>107.</td> <td>vehicle to geacc s. nicle, she</td> </tr> <tr> <td>108.</td> <td>he n her two xpensive</td> </tr> </table> ```
```html <table> <tr> <td>107.</td> <td>Even if the husband were to walk away from the property as the wife is encouraging him</td> </tr> <tr> <td>2</td> <td>to do and she waives any claim for spousal maintenance, this would not necessarily be</td> </tr> <tr> <td>3</td> <td>the best outcome in terms of meeting her needs. Presently she cannot pay the entirety of</td> </tr> <tr> <td>4</td> <td>the mortgage and her car loan on a monthly basis and thereafter meet her regular living</td> </tr> <tr> <td>5</td> <td>expenses including food without the maintenance contribution from the husband.</td> </tr> <tr> <td>6</td> <td>7</td> <td>The equity to be divided from the property is approximately $108，757.51， less realtor's</td> </tr> <tr> <td>8</td> <td>costs. Neither party has the funds to be able to pay for the other's share of the property.</td> </tr> <tr> <td>9</td> <td>Both would have to seek loans. It would not be in the best interest of the wife for her to</td> </tr> <tr> <td>10</td> <td>further borrow against the property at such a high level. If this option is pursued， the</td> </tr> <tr> <td>11</td> <td>likely result would be increased loan payments and a continued need for spousal</td> </tr> <tr> <td>12</td> <td>maintenance for the reason given above.</td> </tr> <tr> <td>13</td> <td>109.</td> <td>The usual alternative option would be for the property to be sold and the parties share</td> </tr> <tr> <td>14</td> <td>the proceeds after deduction of expenses. While this will achieve the objective of a clean</td> </tr> <tr> <td>15</td> <td>break， it may well be the worst outcome in meeting the needs of the parties in the instant</td> </tr> <tr> <td>16</td> <td>case. Two difficulties are likely to arise. The wife referenced the first which is the</td> </tr> <tr> <td>17</td> <td>limited amount of equity in the home.</td> </tr> <tr> <td>19</td> <td>20</td> <td>110.</td> <td>The wife stated in her Affidavit：</td> </tr> <tr> <td>21</td> <td>“..that I verily believe that the equity in the house will be insufficient to share</td> </tr> <tr> <td>22</td> <td>between us. It is my view that if the house is to be sold that any funds， if any， remains</td> </tr> <tr> <td>23</td> <td>following the clearing of the mortgage and the Relator's commission， the remaining</td> </tr> <tr> <td>24</td> <td>balance to share will be inadequate to allow both to start all over again.”</td> </tr> <tr> <td>25</td> </tr> </table> <sup>26</sup> Affidavit of 3rd May 2019， paragraph 42 Judgment：FAM 0032/2019：WP v VP. Coram：Richards J. Date：14.02.2020 Page 38 of 41 ```
```html <table> <tr> <td>111.</td> <td>I have taken note of their respective ages and health issues. If the house is sold, with the wife having only three years to go until retirement and the husband having already retired, I cannot see either party being able (without much difficulty) to secure new mortgages to purchase small apartments much less similar homes. The likely result is that each will be in rented accommodations if not for the rest of their lives, for an extended period.</td> </tr> <tr> <td>112.</td> <td>At the request of the Court, the recent valuation report includes the following estimates:</td> </tr> <tr> <td>“We have been asked to indicate the potential cost to build a self-contained one-bedroom apartment on the property. We have therefore made the necessary assumptions for the building size to be approximately 576 square feet and the finishes to be moderate as the main building. As such, the building cost for this potential apartment unit is CI $95，000.00 in our opinion.</td> </tr> <tr> <td>We have also been asked to indicate the potential cost to have the existing structure divided into 2 self-contained apartments. We have therefore made the necessary assumptions for the finishes to be of moderate standard and accommodation to be 2 bedrooms and 2 bathrooms to each unit. As such, the associated cost for the proposed work is approximately CI $72，000.00.”</td> </tr> <tr> <td>113.</td> <td>In my view the option which may best meet the needs of both parties is for the property to be divided between them at the lesser cost with each party contributing equally to such cost. While there will be an outlay of funds required, this can be done periodically over time. Each party will have a home and there will be no need for either party to seek to secure a new mortgage. For the most part, they have lived separately and peacefully at the same premises for many years. They are both to be commended for the maturity of their approach.</td> </tr> <tr> <td>114.</td> <td>The should contribu</td> </tr> <tr> <td>30</td> <td>husband sho</td> </tr> <tr> <td>31</td> <td>32</td> <td>ne half of the</td> </tr> <tr> <td>thly basi</td> </tr> <tr> <td>Presently</td> </tr> <tr> <td>his contribution should be $714.50. He should contribute one half of the payments required for house insurance, regular maintenance and yard</td> </tr> </table> Judgment: FAM 0032/2019：WP v VP. Coram：Richards J. Date：14.02.2020 ```
```markdown maintenance. Pending the installation of separate meters, he should also contribute one half of each utility payment where there is a joint use, such as water, electricity, internet and television and others. Using the figures provided by the wife, in her Affidavit, I assess the total monthly payment which he should make as being $1,303.00 per month.27 In oral evidence the wife advised of a recent increase in the electricity bill of $100.00. As this may be variable I do not propose to increase the monthly payment by this amount.

¶ [115] If these contributions are made by the husband, the wife would then have surplus income to be able to meet her need for living expenses and would not require spousal maintenance. CONCLUSION

¶ [116] Having given due consideration to the responsibilities, needs, financial, and other resources of the parties, the age of the parties, the duration of the marriage, all the evidence in the case and the submissions made, I conclude that each party has an equal interest in the property, subject to the outstanding mortgage. The property is to be physically divided so that each party may reside therein separate from the other. The husband is to make the specific monthly contributions noted above. Neither party is to seek to place any further charges on the property without the express written consent of the other. Each party should retain their respective pensions and motor vehicles as well as any balances in their savings accounts. ``` ```latex \footnote{One half of mortgage, 135.50 for house insurance, 100.00 for yard maintenance, \$150.00 for electricity, \$17.00 for water, \$125.00 for internet, \$60.00 for television.} ``` ```html <table> <tr> <td>Judgment: FAM 0032/2019: WP v VP. Coram: Richards J. Date: 14.02.2020</td> <td>Page 40 of 41</td> </tr> </table> ```
```html <table> <tr> <td>1</td> <td>117.</td> <td>In order to protect the interest of the husband in the property, an Inhibition pursuant to</td> </tr> <tr> <td>2</td> <td>section 124 of the Registered Land Law (2018 Revision) is to be registered on the title</td> </tr> <tr> <td>3</td> <td>to the property. This should remain in place until cancelled by Order of the Court</td> </tr> <tr> <td>4</td> <td>pursuant to section 126 (d) of the said Law. The Inhibition should state that it has been</td> </tr> <tr> <td>5</td> <td>granted in divorce proceedings in acknowledgement of the husband's one half interest</td> </tr> <tr> <td>6</td> <td>in the property and that it may be cancelled upon payment of the outstanding Charge in</td> </tr> <tr> <td>7</td> <td>full and the consequent registration of the husband as the one half owner, unless prior to</td> </tr> <tr> <td>8</td> <td>this occurrence, the property is sold by the Chargee pursuant to the terms of the current</td> </tr> <tr> <td>9</td> <td>Charge or alternatively by Order of the Court. The husband is to bear any costs attendant</td> </tr> <tr> <td>10</td> <td>upon registration of the Inhibition and its cancellation.</td> </tr> <tr> <td>11</td> <td>12</td> </tr> <tr> <td>13</td> <td>Dated this the 14th day of February 2020</td> </tr> <tr> <td>14</td> <td><img src="signature.png" alt="Signature"/></td> </tr> <tr> <td>15</td> <td>Honourable Justice Cheryll Richards Q.C.</td> </tr> <tr> <td>16</td> <td>Judge of the Grand Court</td> </tr> </table>