Fergusson v Fergusson

• Jurisdiction: Bahamas
• Judge: Malone, Snr. J.
• Judgment Date: 01 April 1986
• Docket Number: Divorce and Matrimonial Side No. 114 of 1985
• Court: Supreme Court (Bahamas)
• Date: 01 April 1986

Supreme Court

Malone, J.

Divorce and Matrimonial Side No. 114 of 1985

Fergusson

and

Fergusson

Appearances:

Mrs. J. Bostwick for the petitioner

Mr. M. Turner for the respondent

Family Law - Husband and wife — Matrimonial property — Application by wife for share of property which was either in name of husband or a company which he controlled — Order that the matrimonial home exclusive of land adjoining it be held on trust for sale in equal shares as between respondent and petitioner and not be sold until youngest of three children of the marriage was 18 years old.

Malone, Snr. J.

1 The respondent is about sixty-two years of age. The petitioner is thirty-eight. Some ten years ago the respondent suffered severe injury in an accident and as a result, his ability to work at his trade as a joiner has been impaired. Prior to the accident the respondent had worked as a building contractor and as a joiner, but had retired from being a building contractor shortly before the accident. During their marriage the petitioner worked in the office of the business place at which the respondent carried on his trade. She was paid $100.00 per week for her services. Those services combined the work of a telephonist and secretary, and in the absence of the respondent, of a manager.

2 After nearly nineteen years, the marriage of the petitioner to the respondent ended in divorce proceedings. By consent, the following arrangements were made:–

1

the custody of the three children of the marriage was awarded jointly to the parties; 2. the respondent undertook to pay the school fees and medical and dental expenses of each child until the child attained the age of 18 or married; and 3. the respondent undertook to pay to the petitioner as from the 1st October, 1985, $1,200.00 per month towards the maintenance of the children of the marriage.

3 The instant application is now made on behalf of the petitioner for a share of the property which is in the name either of the respondent or of a company called Building Supplies Bahamas Ltd. That company was formed, it seems, to facilitate the respondent in the making of contracts as a building contractor and to afford him a measure of protection against losses sustained under such contracts. He is its principal shareholder. The property in the respondent's name is the following:–

• (a) the matrimonial home;

• (b) house at Kemp Road;

• (c) land on Nassau East and

• (d) land adjoining the matrimonial home.

4 The property in the name of Building Supplies Bahamas Ltd. is the following:–

• (a) land on Carmichael Road;

• (b)the workshop on Maderia Street; and

• (c) a building adjacent to the workshop.

5 In addition to those properties there is a duplex building in the name of the petitioner which is situated in Colony Village. The total value of all of the property mentioned is not agreed, but there is agreement as to the value of some of it. The agreed values are the following:–

• (a) the matrimonial home … $140,000.00

• (b) house at Kemp Road … $...