Thompson v Layne

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Williams, J.
• Judgment Date: 28 February 1986
• Neutral Citation: BB 1986 HC 19
• Docket Number: No. 236 of 1984
• Date: 28 February 1986

High Court. (Family Division)

Williams, J.

No. 236 of 1984

Thompson

and

Layne

Miss V. Blenman of Messrs. Smith & Smith for the applicant.

Mr. A. E. Martindale for the respondent.

Family law - De facto spouse — Property adjustment — Claim by applicant for a declaration that a property and its contents were equally owned by her and the respondent and for an alteration of the interests of the parties as the court thought fit — Finding by Court that the applicant had no claim in law to the house which was owned by the respondent before the applicant went to live with him — Finding that the applicant's minimal contribution to renovation of the house did not give her any equitable interest — However applicant had played part of mother for five years and had assisted in maintaining the home — Family Law Act, 1981, SS. 50, 52, 53, 57, 59, 60 applied and respondent ordered to pay applicant $3,500.00

Williams, J.

1 The applicant Esther Thompson applies for the following orders:–

• (a) for maintenance for herself;

• (b) for a declaration that a property at 6th Avenue, South Lowlands, Friendship Terrace, St. Michael, and the furniture and fittings therein, are owned by her and the respondent Winston Layne in equal shares or for such order as to ownership thereof as may be just; and

• (c) further or in the alternative for such order as the court thinks fit altering the interests of the parties in the said property so as to vest one-half share of the property in the applicant.

2 The issue between the parties as to whether a union within the meaning of the Family Law Act 1981 No. 29 came into being was on April 2, 1985 resolved in the applicant's favour when I held that she had on balance proved cohabitation for five years, that is, from about August 18, 1978 to August 20, 1983.

3 The applicant swore to the following in her supporting affidavit:–

4

That when I moved into the said house there remained work to be completed including the plastering of walls, installation of ceiling, electricity, windows, cupboards and the painting of the interior and exterior of the house. 5 That this work was done during the year 1979. 6 That during the time the house was being renovated, I contributed to the payment of the bills for the utilities and I helped to buy the groceries. 7 That during the year 1979 I gave to the respondent certain sums of money to help with the freighting of material to be used in the renovations...