Watson v Watson

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Rocheford, J.
• Judgment Date: 16 December 1983
• Neutral Citation: BB 1983 HC 87
• Docket Number: No. 15D of 1983
• Date: 16 December 1983

High Court. (Family Division)

Rocheford, J. (Ag.)

No. 15D of 1983

Watson

and

Watson

Appearances:

Mr. P.K.H. Cheltenham and Miss C.P. Chase for the applicant/wife.

Mr. W.L. Inniss for the respondent/husband.

Family law - Husband and wife — Matrimonial property

Rocheford, J.

1 This is an application by the wife under the Family Law Act, 1981–29 for the following orders:–

• (a) a declaration that she is entitled to one half share in the premises known as No. 24 Scotts Terrace, Grazettes, St. Michael which used to be the matrimonial home

• (b) a declaration that she is entitled to one half share in certain household effects

• (c) such other relief as the Court may think fit.

2 The parties were married on the 27th October, 1962. There are 2 children of the marriage. The decree nisi was made on the 18th October, 1982 and the decree absolute on the 23rd December, 1982.

3 After the marriage the husband and wife lived and cohabited firstly at the home of the wife's mother situated at Airy Hill, St. Joseph for about 2 years, then at a rented house at First Avenue, Grazettes New Land, St. Michael, for about 18 months and later at another rented house at First Avenue, Grazettes New Land. Sometime around 1967 the husband purchased the house at First Avenue, Grazettes New Land for $1,000. This house was remodelled substantially. Sometime prior to 1974 the husband acquired the parcel of land on which the former matrimonial home was later built. Around 1974 he obtained a loan from the Housing Authority and constructed the matrimonial home. The house at First Avenue, Grazettes New Land was sold later for $2,800. The parties separated in 1980.

4 The wife's evidence is that her main source of income was from the sale of crochet and leather bags which she made and sold in order to supplement the income of the family. She said that she had assisted in the remodelling of the house at First Avenue, Grazettes New Land, that she had contributed $500 to the purchase of the parcel of land on which the former matrimonial home now stands, that her moneys assisted with the excavations for the foundations for the former matrimonial home and the construction generally and also with kitchen cupboards and external and internal wrought iron gates.

5 The wife also stated that certain items of furniture including a television were purchased with her moneys, certain items including a refrigerator with the husband's moneys and other items including a washing machine with their joint moneys.

6 The husband denied that the wife contributed to the remodelling of the former matrimonial home at First Avenue, Grazettes New Land. He stated that the $500 used by him to assist in the purchase of the land on which the former...