Richards v Richards

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Joseph, J.
• Judgment Date: 02 March 1984
• Neutral Citation: VG 1984 HC 1
• Docket Number: No. 101 of 1983
• Date: 02 March 1984

High Court of Justice

Joseph, J

No. 101 of 1983

Richards

and

Richards

Appearances:

Mr. Webster for applicant.

Mr. Farara for respondent.

Family Law - Husband and Wife — Matrimonial Property.

Trusts and Trustees - Trust — Resulting Trust.

Facts: The parties married in 1976. In 1962 the applicant husband had purchased land. In 1968 his sons commenced construction for him on the land of a structure comprising two bedrooms, a bathroom, a kitchen and a hall. The sons stopped after a month. A structure of block work on four sides was in position. Construction of house still incomplete after the marriage. The applicant was working abroad. The wife added a roof to the house. It was alleged by the applicant that money came from an account in his name to which respondent's name was added. The applicant returned home and borrowed money to finish house. Admitted that intention of parties was that house would become matrimonial home. The court found that half of the roof, windows, door and electrical fittings were added by respondent.

Facts: Parties married in 1976. In 1962 the applicant husband had purchased land from the Government. In 1968 his sons commenced construction for him on the land of a structure comprising of two bedrooms, a bathroom, a kitchen and a hall. The sons stopped after a month. A structure of block work on four sides was in position. Construction of the house was still incomplete after the marriage in 1976. The applicant rented a house for himself and respondent. The applicant was working abroad but he visited his wife often. Wife added roof to house. It was alleged by the applicant that money from the account in his name was used and that the respondent's name was added to account. In 1979 the applicant returned home and borrowed money to finish the house. He admitted that the intention of the parties was that the house would become matrimonial home. The court found that half of the roof, windows, door and electrical fittings were added by the respondent.

Held: Joint beneficial ownership in the house was two thirds to the applicant and one-third to respondent.

Held: The respondent had assisted the applicant in acquiring the house by arranging for its completion. A resulting trust in favour of the respondent in respect of her contribution had arisen. Joint beneficial ownership in the house was two thirds to the applicant and one-third to the respondent.

Joseph, J.

1 This is an application made by the applicant under section 19 of the Married Women's Property Act (Cap. 238) for a declaration –

• (a) that the property situate at Huntums Ghut and registered as Parcel 13 of Block 2838 B of the Road Town Registration Section together with the dwelling house therein is owned by the applicant absolutely or such other order as to ownership as may be just;

• (b) as to the right of occupation of the respondent in reject of the property.

2 The parties were married on 6th March 1976 in Tortola, There are no children of the marriage.

3 The case for the applicant is — In 1962 he purchased land from the Government at a price of $1,000. In 1968 his sons commenced construction for him on the land of a structure comprising two bedrooms, a bathroom, a kitchen and a hall. They worked on the structure for about a month and when they ceased work, a structure of block word on four sides was in position. After his marriage in 1976, construction of the house was still incomplete. In fact it was in the same condition as it was in 1968. The applicant rented a house in Huntums Ghut owned by a Mr. Nathaniel Flemming, for himself and the respondent, and paid rent at the rate of $35 a month. After a few months the rent was increased to $75 a month.

4 The applicant was employed by the Government of St. Thomas, United States Virgin Islands, and so resided in at. Thomas, paying regular visits to his wife at their rented home in Huntums Ghut. He received a salary from that Government of $125 every two weeks. He claims that in March 1979 the respondent had a roof put on the house and paid for this work by using his money amounting to $2,400, that stood in his name in an account at the Chase Manhattan Bank in Tortola. His wife's name, he stated, was added to the account.

5 In 1979, as a result of ill health, he retired from his job in St. Thomas, and returned to live in Tortola. He is in receipt of a Social Security allowance from the Government of St. Thomas. He testified that, in June 1979, in. order to finish construction of the house, he borrowed $5,000 plus interest — totalling $6,040 — from First Pennsylvania Bank and that he signed a document charging his interest in the parcel of land to secure repayment. With the loan obtained he bought windows, doors, a toilet for the bathroom, piping and paint. Some items were bought locally, others from St. Thomas. He repair the loan himself.

6 On 1st August 1979, the applicant, his wife and three of her children occupied the house. He paid monthly gas, electricity and water bills. In addition, he gave her $100.00 a month, and from 1976 to 1979, he sent money and groceries to the respondent from St. Thomas. The applicant testified that the only item the respondent contributed towards the construction of the house, is a mirror for the bathroom. However, he admitted that in 1979 it was the parties' intention that the house would become their matrimonial home. In March 1982 the applicant ceased providing money and groceries for the respondent, and on 9th March, 1983 he obtained a decree nisi of divorce.

7 The respondent's case is — at the time of the marriage she was employed as a domestic at the Moorings Yacht Mariner Hotel, earning $60 a week. About a year later she started earning $87 a week. In addition, she received a gratuity of $100 every two weeks. During the time that her husband was employed in St. Thomas, he sent her money for her upkeep, which money she saved, using her earnings to meet household expenses. She claims that the $2,000 she deposited in the bank account on 21st June 1978 belongs to her, and that she withdrew $2,400 from the account to finish construction of the house. She arranged for workmen, who put on a section of the roof. She bought doors, glass for the windows, electrical fittings and had the house plastered and painted, She paid some of the workmen she hired: others helped without charge. She bought a glass cutter and cut the glass herself, and made louvre windows.

8 The money she withdrew from the bank was insufficient to complete construction of the house, so she borrowed $1,500 from Ms. Carey, the owner of the Moorings to meet the cost of plastering the house. When the applicant returned to Tortola, she state, construction of the house was complete, except that curtains had not been put up. She has nine children: the eldest, Eva, twenty-eight years of age, the...