Dorsette v Dorsette

• Jurisdiction: Bahamas
• Court: Supreme Court (Bahamas)
• Judge: Sawyer, J.
• Judgment Date: 26 May 1992
• Date: 26 May 1992
• Docket Number: Divorce and Matrimonial Side No. 240 of 1979

Supreme Court

Sawyer, J.

Divorce and Matrimonial Side No. 240 of 1979

Dorsette

and

Dorsette

APPEARANCES:

Mr. E. Lockhart for petitioner/applicant

respondent in person

Family law - Divorce — Disposition of matrimonial home — Decree nisi — Application of wife/petitioner for order that matrimonial home be transferred to her — Matrimonial Causes Act — Market value of home assessed — Husband to pay wife 70% of assessed value within 3 months from date judgment perfected.

RULING:

Sawyer, J.

1 The parties who were married in November, 1974, acquired a piece of real property in their joint names in the subdivision known as “Eastwood Estates” on which was constructed a one-storey concrete block house containing three bedrooms, 2 bathrooms, living-dining room, kitchen and a one-car carport, (“the matrimonial home”)

2 A little over 6 years after their marriage, a decree nisi of divorce was granted to the petitioner/applicant (“the wife”) in December 1980, on the ground of the respondent's (“husband's”) adultery during the marriage.

3 By a notice of application for ancillary relief filed October 4, 1984, the wife gave notice of her intention to apply to the Court for:–

• 1. An Order that the Matrimonial home situate upon loth 7 in Block 4 Eastern Estates in in the Eastern District of the Island of New Providence be transferred to the petitioner; and

• “2. An Order that the respondent pays to the petitioner such sums as this Honourable Court deems just by way of maintenance for the children of the marriage.”

4 By an order dated 5th November 1984 and filed November 20, 1984, His Lordship, P. Telford Georges, C.J., ordered:–

• “1. The respondent do pay or cause to be paid to the petitioner as from the first day of October, A.D. 1984 periodical payments for the children of the marriage namely PATRICE BRIDJANNE born on the 31st day of July, A.D. 1971 and SPENCE BURTON Jr. born on the 8th day of March, A.D. 1976 until each of the said children attain the age of 18 years or further order at the rate of $150.00 per month in respect of each of the said children payable monthly.

• “2. The respondent do pay or cause to be paid to the petitioner as from the first day of October, A.D. 1984 periodical payments for herself during their joint lives until such date as she shall remarry or further order at the rate of $20.00 per month payable monthly.\

• 3. The issues as to disposition of the matrimonial home and costs adjourned to a date to be fixed.”

5 At the resumed hearing of that application before me, it was stated, inter alia, that the husband was seriously in arrears with regard to the maintenance payments he was required by the existing order to make. It appears that the husband has been...