Codrington v Codrington

• Jurisdiction: Barbados
• Judge: Williams, J.
• Judgment Date: 26 March 1986
• Neutral Citation: BB 1986 HC 24
• Docket Number: No. 374 of 1983
• Date: 26 March 1986
• Court: High Court (Barbados)

High Court. (Family Division)

Williams, J.

No. 374 of 1983

Codrington

and

Codrington

Miss M. C. Herbert for the applicant/wife.

Mr. R. C. Forde for the respondent/husband.

Family law - Husband and wife — Matrimonial property — Wife seeking declaration that she and husband held the matrimonial property as beneficial joint tenants or alternatively an alteration of the interests of the parties — Both parties had made significant contributions to the acquisition of the land and the construction of the house — Order made that after mortgagee's debt was deducted half the installments arrears were to be credited to the wife — Husband to take half of what was left or $12,000.00 which ever was less.

Williams, J.

1 The applicant/wife Joan Codrington and the respondent/husband Vasco Codrington were married in October 1972. Two children were born to them before marriage both of whom are now aged about 20. On January 23, 1984 orders under sections 27 and 42 of the Family Law Act 1981 were made on the wife's application.

2 The application before the court was filed on January 31, 1986 and in paragraph (a) the wife seeks leave under section 23 (3) of the Act. No objection has been taken to leave being granted and it is given.

3 The dispute relates to the matrimonial property at 6 Jackson Terrace, St. Michael. The wife seeks (b) a declaration that she and the husband hold it as beneficial joint tenants (c) alternatively, a declaration as to the wife's beneficial interest in it (d) further or in the alternative such order as the court thinks fit altering the interests, of the parties in it in accordance with section 57 (1).

4 On March 19, 1986 the husband filed an affidavit in answer in which he seeks (a) a declaration that he and the wife...