J C v G C

JurisdictionBahamas
JudgeMadam Justice G. Diane Stewart
Judgment Date20 October 2022
CourtSupreme Court (Bahamas)
Docket Number2018/FAM/div/00042
Between
J C
Petitioner
and
G C
Respondent
Before:

The Hon. Madam Justice G. Diane Stewart

2018/FAM/div/00042

IN THE SUPREME COURT

Appearances:

Ms. Roshar Brown for the Petitioner

Mr. Edward Turner for the Respondent

RULING ON ANCILLARY RELIEF
1

On the 19 th November 2018, a Decree Absolute was granted to the parties dissolving the marriage which had been solemnized on 14 th April 2001. The marriage lasted seventeen years from 2001 to 2018 and there were no children of the marriage.

2

The parties seek a property adjustment orders with reference to the matrimonial home, shares in Master Technicians Ltd., and Commonwealth Brewery.

Petitioner's Affidavit of Means filed 18th February 2019
3

The Petitioner averred that prior to her marriage to the Respondent he owned a home with his former wife situate at Nassau East. The Respondent gave his share and interest in that home to his former wife.

4

Prior to her marriage to the Respondent, she owned a home situate at Perpall Tract which she had sold and received a profit of sixty thousand dollars. The profit was used towards the deposit of the purchase price for the matrimonial home situate at #6 Sienna Drive, Highland Terrace (the “Matrimonial Home”). A mortgage exists over the Matrimonial Home with a current payout balance of one hundred and forty-seven thousand seven hundred and eighty five dollars and eighty five cents. Monthly payments are five thousand and fifteen dollars.

5

She has been unemployed since 31 st December 2016 but assists her daughter with her catering business and receives an average stipend of six hundred dollars per week. The Respondent retired from Master Technicians in February 2016 but gained employment in July 2018 but she was not aware as to where he was employed.

6

Since January 2017, the mortgage over the Matrimonial Home has been paid solely by her daughter. She entered into an agreement with her daughter for her daughter to lend her the monthly mortgage amount. This loan represents her daughter's interest in the Matrimonial Home. She pays one hundred and eighty dollars per month for cable, telephone and water.

7

The Petitioner averred that she paid for the gardener, electricity, gas, housekeeper and any other maintenance for the Matrimonial Home. Her family's business pays for the health insurance for both the Respondent and herself. The value of the Respondent's portion of the health insurance plan is seven hundred dollars per month.

8

Prior to their retirement, her monthly contribution towards the bills of the Matrimonial home was six thousand eight hundred dollars. The Respondent's monthly contribution towards the Matrimonial Home was three thousand eight hundred dollars.

9

Her monthly bills and expenses are:-

“a. Life Insurance/Term

$185.00

b. Mortgage

($5,015.00 loan from daughter)

c. Credit Card

$1,200.00

d. Car Maintenance

$125.00

e. Real Property Tax

$100.00

f. BEC

$300.00

g. Gas for Vehicle

$120.00

h. Gas for cooking

$70.00

i. Vacations

$200.00

j. Groceries

$600.00

k. Housekeeper

$200.00

l. Tithes/Offering

$100.00

m. Hair/Nails/Personal Grooming

$50.00

n. House Miscellaneous Maintenance

$200.00

$3,450.00”

10

Some of her bills were paid by credit card and the shortfall in expenses would be paid by her daughter and gifts from other family members.

Respondent's Affidavit of Means filed 22nd July 2020
11

The Respondent, a retired pensioner, averred that he earned a monthly pension from the National Insurance Board in the amount of one thousand three hundred and ninety one dollars and twenty cents. He further averred that the Petitioner was self-employed and that they jointly owned the Matrimonial Home. His principal monthly expenses were:-

(a) Electricity

$250.00

(b) Grocery

$250.00

(c) Cable

$145.00

(d) Vehicle Gas

$100.00

(e) Tithes

$130.00

(f) Cell Phone

$75.00

(g) Medications

$100.00

(h) Laundry

$100.00

(i) RBC Visa Credit Card

$300.00

g) Citibank Master Card

$200.00

(k) JC Penny Credit Card

$160.00

(l) Car Insurance

$26.00

(m) Car License & Inspection

$20.00

TOTAL

$1,856.00

Respondent's Supplemental Affidavit filed 2nd September 2020
12

On 8 th December 1997 he purchased the Highland Park Lot and instructed the vendor to draw the conveyance in the Petitioner's name. On 17 th April 2000, the Petitioner conveyed the lot in both of their names in contemplation of financing the building of the Matrimonial Home. On 8 th August 2002 he and the Petitioner secured a mortgage in the amount of four hundred and eighteen thousand dollars to build the Matrimonial Home.

13

A further charge was secured on 17 th October 2002. A second further charge was subsequently secured on 21 st April 2005 totaling one hundred thousand five hundred dollars. He and the Petitioner serviced the mortgage and further charges from their respective salaries. As at 20 th September 2017, the Matrimonial Home was valued at four hundred sixty thousand dollars. It was equipped with state of the art appliances and other furnishings valued in the region of one hundred thousand dollars.

14

During the marriage he and the Petitioner established a joint bank account at the Royal Bank of Canada (“RBC”) for the household expenses. They both deposited their salaries therein and paid all expenses relative to the household from this account. He and the Petitioner were also the joint owners of three hundred shares in Commonwealth Brewery Limited purchased at eight dollars per share and one thousand eight hundred and fifty shares in Master Technicians Limited valued at one hundred and forty thousand dollars. The total value of the shares are approximately two hundred sixty one thousand four hundred dollars.

15

The Petitioner was the day to day household administrator. She paid the mortgage from the joint savings account at FINCO and all other bills, shopping and normal expenses from the joint chequing account at RBC. This was the state of affairs during the marriage. He rarely checked the savings account He was aware that the household bills were being paid in a timely fashion and that a problem only arose towards the end of the marriage when the Petitioner developed a gambling habit which led to her depleting the joint account.

16

On 13 th February 2015, he retired from Commonwealth Brewery and received a settlement of fifty two thousand seven hundred and twenty two dollars and forty three cents ($52,722.43) in addition to pension contributions of fifty thousand dollars six hundred and twenty six dollars and ninety two cents ($50,626.92) which sums were both deposited into their joint savings account at FINCO. Such funds would be normally used to service their mortgage. He was unaware that they were being used by the Petitioner to fund her gambling habit.

17

In November 2016, he became aware that sums in excess of one hundred and three thousand dollars were withdrawn from their joint account at FINCO. The Petitioner informed him that she withdrew the sums to repay her employer, Master Technicians, to satisfy her gambling debt with the company. He did not consent to the payment.

18

On 1 st March 2019 he moved out of the Matrimonial Home and left the Petitioner and her daughter as the sole occupants where they remain to date. He seeks the division of the assets of the marriage on a sixty/forty basis in his favor.

Respondent's Affidavit in Response filed 1st October 2020
19

On the 9 th February 2000 he received of fifty eight thousand five hundred and seventyseven dollars and ninety cents ($58,577.90) from Master Technicians. He had used this to pay his portion of the down payment for the Highland Park Lot.

20

In early 2016 he deposited one hundred and three thousand dollars in the parties' joint account at FINCO for the sole purpose of making payments towards the mortgage of the Matrimonial Home for at least twenty months. This sum was made up as follows:

“(a) a deposit on 1 st March, 2016 of $50,626.92 (pension proceeds from my employment at Commonwealth Brewery.

(b) a deposit on 25 th May, 2016 of $52,722.43 (settlement received from Commonwealth Brewery on retirement).”

21

Between 1 st March 2016 and November 2016 mortgage payments were made from the FINCO account. The remainder of the money deposited was squandered by the Petitioner to feed her gambling habit; specifically to repay Master Technicians for using money from their account to gamble online. The Respondent had no objection to the Petitioner's daughter purchasing the Matrimonial Home. However, because he no longer resided there, rental payment was due and owed to him from March 2017 to the present. The Respondent added that he had not been in the group health insurance plan since 2017.

Respondent's Supplemental Affidavit in Response filed 28th October 2020
22

The Respondent exhibited copies of the FINCO bank statements from 11 th January 2016 to 11 th November 2016 together will all cheques drawn by the Petitioner during the period.

Petitioner's Supplemental Affidavit of Means filed 13th January 2021
23

The Petitioner averred that she paid the deposit for the Highland Park Lot but that she could not recall the amount paid. The balance of the purchase price for the Highland Park Lot was paid by her. It was around that time that she had sold her house in Perpall Tract and used the entire proceeds towards the Matrimonial Home.

24

The Matrimonial Home was constructed in 2001. The furniture and appliances purchased were twenty years old and were replaced at least once since the completion of the Matrimonial Home. Their present value is not comparable to the value when first purchased. Many of the replacements were purchased by her without any contribution from the Respondent

25

During the marriage, she earned more than the Respondent. She earned...

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