Ramoon v Ramoon

• Jurisdiction: Cayman Islands
• Judge: Harre, J.
• Judgment Date: 27 May 1991
• Court: Grand Court (Cayman Islands)
• Date: 27 May 1991
• Docket Number: D. 87 of 1990

Ramoon

and

RAMOON

Harre, J.

D. 87 of 1990

Grand Court

Family law - Husband and wife — Divorce — Matrimonial property division — Determination of respective parties' shares in certain property — Property registered in the names of both parties and had on it a small wooden house and uncompleted concrete house — House on the property was never the matrimonial home.

Appearances:

For the petitioner: Mr. N. Levy.

For the respondent: Mrs. K. Thompson.

Harre, J.

1 The most important matter for determination in this application for ancillary relief is the share which each party to the marriage should take in a piece of land, George Town South Block 148 Parcel 509 which at present has upon it a small wooden house and an uncompleted house of block construction. It was never the matrimonial home.

2 The property is registered in the names of both parties. The wife said that it was her decision to buy the land in 1987 and that she went ahead, although her husband said she should not, and applied to a bank for a loan. She said that she paid the deposit of about $2,700 from her personal savings and obtained a bank loan of $6,300 for the balance. In the end, with interest costs and fees, the total loan was $8,240 repayable by monthly installments of $228.91.

3 The wife says that she signed her husband's name on the loan agreement because the loan would not have been forthcoming if it was in her name only. He says he signed the loan papers himself and that although it is correct that the deposit was paid from personal savings he would give the petitioner between $200 and $250 every week towards the upkeep of the home and she would attend to the payment of household expenses including the payment of the loan. He also says that on several occasions he gave the petitioner additional sums of $100 to $150 which he would tell her to apply towards the loan. She denies that. According to her he would only make about $200 a week as a common labourer, and used to give her $100 and sometimes $150 per week to buy food. She says that he only made two payments, totalling $457.82 in all, towards repayment of the loan and contributed nothing else towards the purchase of the land.

4 In March 1990, just before the break up of the marriage, the parties agreed to begin building the house of block construction on the land. It is agreed that the husband provided various materials and tools with a total value of $1,311.80. The wife provided materials and paid workmen, her total expenditure in that regard being $1,376.65.

5 The husband says that he also paid $800 for Universal Equipment to dig the foundation trench and carried out physical labour on the property. He denies the wife's allegation that he refused to pay the plumber who she says, charged her $700.

6 Since she filed for divorce the wife...