Sylvia Richards nee Francois v Hamilton Richards

• Jurisdiction: St Vincent and the Grenadines
• Judge: Roberts, J.
• Judgment Date: 15 August 2018
• Neutral Citation: VC 2018 HC 54
• Docket Number: CLAIM NO. SVGHMT2014/0090
• Date: 15 August 2018
• Court: High Court (Saint Vincent and the Grenadines)

EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

Roberts, J.

CLAIM NO. SVGHMT2014/0090

Between:

Sylvia Richards née Francois

Petitioner

and

Hamilton Richards

Respondent

Ms Paula David for the Claimant

Mr Cecil Blazer Williams for the Defendant.

Legislation:

Matrimonial Causes Act ss. 31, 32, 33

Family Law - Application for ancillary relief — Property adjustment — Payments — Order for sale — Whether petitioner entitled to periodical payments and/or lump sum payments — Whether property adjustment order ought to be granted — Whether order for sale of property ought to be granted — Application dismissed.

1 Roberts, J. [Ag.]: The petitioner and the respondent were married on 11 ^th April 1981 and a decree nisi was granted on 26 ^th September 2014. Following the decree nisi, the petitioner filed a notice of application for ancillary relief on 10 ^th October 2014. In the notice the petitioner applied for the following orders:

On 2nd October 2015 the application was amended to add a fifth prayer, namely:

“an order for the avoidance of a reviewable disposition pursuant to section 47 (2) (b) of the Matrimonial Causes Act setting aside deed of gift number 2862 of 2011 which purports to transfer title to the matrimonial home at Calder to Jeffwayne Richards subject to the life interest of the respondent”.

• (1) Periodical payments under section 31 (1)(a) and 31 (b) of the Matrimonial Causes Act;

• (2) Lump sum payments under sections 31 (1) (c) of the Matrimonial Causes Act;

• (3) A property adjustment order pursuant to section 32 of the Matrimonial Causes Act;

• (4) An order for sale of property pursuant to section 33 of the Matrimonial Causes Act;

2 The petitioner supported her claim for ancillary relief by an affidavit sworn on 4 ^th November 2014 and an affidavit of means on 22 ^nd December 2014. The respondent swore to an affidavit in response to the petitioner's affidavit of means on 23 ^rd July 2015. Affidavits in support of the respondent were also sworn by Jeffwayne Richards also known as Jeff Wayne Simon, Carmina Simon and Rosalind Richards.

3 The petitioner's case focused mainly on two assets, the dwelling house/wall house and the contribution of both parties to the home. The petitioner admitted in her affidavit of means and under cross examination that the respondent had the land subject of deed of conveyance number 1268 of 1971 and deed of gift number, 2862 of 2011 before she and the respondent had a relationship. She claims that she met him living in a chattel house, and that she helped the respondent to build the wall house.

4 A summons was filed on the 2 ^nd October 2015 pursuant to the Matrimonial Causes Rules 1977 (UK) Rules 8 (2) and 122 (1) (b) seeking “an order for the evidence of a reviewable disposition pursuant to section 47 (2) (b) of Matrimonial Causes Act setting aside deed of gift number 2862 of 2011 which purports to transfer title to the matrimonial home to Jeffwayne Richards subject to the life interest of the Respondent.”

5 On the other hand, the respondent's case is that the land was purchased by him with the assistance of Carmina Simon. Carmina Simon's name was not placed on the deed of conveyance because as stated under cross examination, he promised to give the land to Jeffwayne Richards also known as Jeff Wayne Simon. Jeffwanye's acts of kindness to the respondent propelled the respondent to formally convey the land to Jeffwayne. The respondent insisted that the petitioner had nothing to do with the construction of the wall house which was on the land.

Contribution to the home

6 The evidence of the petitioner is that she was a domestic servant during most of the marriage. During that period she and the respondent had three children. According to petitioner's affidavit sworn on 22 ^nd December 2014, it was she who paid the water and electricity bills and it was only after she got too sick to work that the respondent began paying those bills.

7 The petitioner stated that she helped to raise Carmina and Junior, who were not her biological children but were fathered by the respondent. She stated that she did “all the house work in the house”. “I cooked, washed, ironed and cleaned for the entire family” (para 9) — that during the marriage she bought most of the groceries for the household; that the respondent only gave her $40.00–or $50.00 each month and that she bought the children's school uniforms, bags and books. The petitioner also stated that she used to help the respondent rear his mother's cow and calf when he was in America and also helped him to rear goats and sheep.

8 The petitioner indicated that the respondent did not give her any money from the proceeds of his crops, so she sought outside employment. She worked 3 days per week as a house-keeper when she was pregnant with Roxanne. She then worked “full time” for several years with Paula David and Joseph Delves and then with Dr Colin Boyle and Dr Rosemary Boyle.

9 With respect to the acquisition of the dwelling house in which the parties lived the petitioner's evidence was that –

“The Respondent had the land on which the matrimonial home sits before I began having a relationship with him. At first there was a board house on the land. I think we built the concrete house after we got married. The concrete house was certainly not there before the respondent and I became a couple. We built the house together. I helped him to carry sand and blocks while we were building the house. The respondent physically built the house. He paid a man who is called “Big Shot” to help him with the construction”.

10 The respondent for his part in his affidavit of 23 ^rd July 2015 admitted that the petitioner did most of the housework, but that she stopped cooking and washing his clothes “over ten years now”. He stated that the petitioner never helped him to cultivate his crops. He stated that the petitioner could not have helped him to rear his cattle when he went to America as he had sold his cattle before he went to America. He denied that he ever reared sheep and he stopped rearing goats long before he went to America. He said that he gave money to the petitioner to buy uniforms, book-bags and books for the children.

11 The respondent in his affidavit sworn on the 4 ^th November 2014, said that he went on contract to work every year to the USA and sent home money to the petitioner every fortnight; but that he discontinued going on contract because he became ill in the late 1980's. The respondent swore that he was diabetic and hypertensive and had an operation to remove prostate cancer. He deposed that he received public assistance in the amount of $250.00 per month which he shared with the petitioner who lived in the house with him. He also received money and other assistance from Jeffwayne Richards also known as Jeff Wayne Simon, Junior Richards and Corine Glasgow and he paid the water and electricity bills. Under cross examination the respondent admitted that he planted sweet potatoes and peanuts on lands belonging to his sister. He also admitted that up to the time of giving evidence he went fishing and brought home fish to feed the household.

Evidence and Analysis

12 I had the opportunity...