Pitzold v Pitzold
| Jurisdiction | Belize |
| Judge | Legall, J. |
| Judgment Date | 29 July 2011 |
| Court | Supreme Court (Belize) |
| Docket Number | 31 of 2010 |
| Date | 29 July 2011 |
Supreme Court
Legall, J.
31 of 2010
Mrs. Robertha Magnus-Usher for the applicant
Ms. Darlene Vernon for the respondent
Family law - Matrimonial property division — Married Women's Property Act, Cap 176. — Supreme Court of Judicature Act, Cap 91, s 148A.
The applicant and the respondent were students at the University of the West Indies, St. Augustine Campus, Trinidad, studying Civil Engineering when they met in 1994. He is Belizean and she is Jamaican. Their meeting blossomed first into dating, and later into a promise to marry; and finally, on 17th August, 2002, they were married at the Stella Maris Church in Jamaica. Their relationship in those early days was a happy one. In a questionnaire dated 15th August 2002, just two days before marriage, the respondent in answer to a question about his favourite body part of the applicant, answered that she had “a lot of assets” and that carrying the applicant down a public street in Canada in the cold, to a banquet in a revealing outfit was his “funniest moment.”
For the purpose of living in Belize after marriage, the applicant resigned from her job at the Jamaica Public Service Co. Ltd., on 4th November, 2002 and sold a house and vehicle she owned in Jamaica; and she and the respondent took up residence in Belize around the 21st November, 2002. Initially, they lived as husband and wife at the respondent's parents' home in Belize City until February 2005 when they bought jointly their own matrimonial home at 10 Baldy Sibun, Belmopan (the matrimonial home).
During the marriage, they bought jointly a timeshare interest in property described as Unit 600-662, at Westgate Resorts Lake 111, 10000 Turkey Lake Road, Orlando Florida USA (the Westgate property). There were two other properties situate at East Piccini Belmopan, namely parcels 5491 and 5492, Block 20 Belmopan Registration Section (the Piccini Properties). Titles to the Piccini Properties are solely in the name of the respondent. In November 2004, the respondent and the applicant purchased jointly another property, namely, parcel 7225 Block 20 Belmopan Registration Section for the price of $15,600, situate at 11 Masters Street, University Heights, Belmopan (the Masters property). The title for the Masters property is held jointly by both parties. Yet another parcel of land was secured in 1999 by virtue of a lease in the name of the respondent. This parcel is parcel 3968 situate at Orchid Gardens Extension 2 Street 2 Block 20 Belmopan Registration Section (the Orchid Gardens Property).
The respondent, during the marriage, also became the owner of another piece of land situate at Lot 32 Lake Gardens in Ladyville, Belize District. But the applicant did not in her originating summons claim a share of this property, and has confirmed to the court, with the concurrence of her attorney-at-law, that she is not claiming a share of this property. The court notes that the respondent's answer to the applicant's assertion in her affidavit that this property was acquired during marriage, is that the said property was acquired in 1994 for $10,000 before he met the applicant, and that the correct address of the property is Lot 34, and not Lot 32, as claimed by the applicant.
Other assets were also acquired during the marriage. Around November 2002, the respondent obtained by hire purchase, furniture for their matrimonial home, from Courts (Belize) Limited. The total cost of the furniture was not given in evidence, though the applicant stated that she paid over $4,000 to Courts. The furniture included television set, beds and other bedroom furniture, kitchen appliances, couch, fridge, and facilities in a dining room. The items of furniture are in the matrimonial home for the use of the applicant. Since 2006 when the respondent removed from the matrimonial home, he has not had use of the furniture. There is also a vehicle which was purchased with a loan of $60,000 which, since 2006 has been in the sole use of the applicant. The loan for the vehicle was paid off by the applicant and respondent: each paid 50% of the loan. All of the above mentioned properties and assets are collectively hereinafter referred to as the Properties.
The happy relationship experienced by the parties dissipated during the marriage. Serious problems developed in the marriage due to, according to the respondent, the aggressive, abusive and argumentative behaviour of the applicant; and according to the applicant, the adulterous behaviour of the respondent with one Wendy Gillett. The marriage, a childless one, was a marriage of psychological pain and suffering; and in September 2006, after about four years of marriage, the respondent removed from the matrimonial home, stating, it is alleged, that he needed to “cool his head.” In a petition for divorce by the applicant dated 15th March, 2009 the court on 19th January 2011 granted in her favour a decree absolute on the ground of the respondent's adultery.
During the divorce hearing, the applicant filed an application for maintenance by originating summons dated 1st June, 2010. But this was withdrawn, on procedural grounds; and on 4th March, 2011, another application for maintenance was filed, this time correctly by petition, instead of originating summons. This new application was filed about six weeks after the decree absolute was granted, making it necessary under the Matrimonial Causes Rules No. 10 of 1982, which mandate that a petition for maintenance has to be filed not later than one calendar month after obtaining the decree absolute, except leave of the court is granted. Accordingly, the applicant applied for leave to file the petition for maintenance out of time, and the application for maintenance is yet to be heard.
The applicant also filed on 1st June 2010 an application by originating summons for division of property under section 16 of the Married Women's Property Act, Chapter 176 (section 16) and under section 148 A of the Supreme Court of Judicature Act, Chapter 91 (the Act). The applicant claims the following reliefs:
“(1) (a) A Declaration under section 16 of the Married Women's Property Act, Chapter 176 and or under section 148A of the Supreme Court of Judicature (Amendment) Act No. 8 of 2001 that the applicant is beneficially entitled to two-thirds (? rd) share or interest in the properties listed SCHEDULE below.
(b) A Declaration that the applicant is beneficially entitled to more than one-half share or interest in the personal properties owned by the parties or such share or interest as the court shall deem just.
(2) An order that the aforementioned properties be sold and the net proceeds of sale be shared equally between the applicant and the respondent; or that the properties be settled or interest altered whereby the applicant retains the matrimonial home and such other property or interest in the remaining properties as the court deems fit.
(3) An Order that the respondent do pay the applicant such monthly or weekly sum in maintenance and make other financial arrangements in respect of the maintenance of the applicant, as may be just.
(4) An Order of injunction restraining the respondent by himself, his agents and servants or otherwise from selling, transferring, leasing, charging or in any way dealing with any of the real and movable properties aforementioned and the inventories until, the determination of the Action herein or further order.
(5) Such further or other order or relief as the court may deem just.
(6) Cost.
(1) All that piece or parcel of land and the building thereon situated at 10 Baldy Sibun Street, Belmopan Heights, East Piccini Extension, Belmopan known as Parcel 5056, Block 20, Belmopan Registration Section.
(2) All that piece or parcel of land known as Parcel 7225, Block 20, Belmopan Registration Section (11 Masters Street, University Heights).
(3) All that piece or parcel of land known as Parcel 3986, Block 20, Belmopan Registration Section (Orchid Garden Extension 2 Street 2).
(4) Timeshare interest in Unit 600662, interval 16 Westgate Lake Ill located at 10,000 Turkey Lake Road, Orlando, Fl. 32819, USA.
(5) All that piece or parcel of land known as Parcel 5491, Block 20, Belmopan Registration Section 9 (Parcel 5491 East Piccini, Belmopan).
(6) All that piece or parcel of land known as Parcel 5492, Block 20, Belmopan Registration Section (Parcel 5492 East Piccini, Belmopan).”
During the hearing, learned counsel for the applicant applied to amend paragraph 2 of the originating summons to read two thirds share for the applicant, instead of equal shares as pleaded. By consent the application was granted.
Bank Accounts and salaries
The bank accounts and salaries of the parties give an indication of their ability to make contributions to the acquisition of the Properties. There were several bank accounts established by the parties. Account No. 1900073 at Bank of Nova Scotia was opened in November 2002, about four days after the applicant arrived in Belize, with a deposit by the applicant of about US$2,000. This account was in the names of the respondent and the applicant. This account was subsequently used to deposit the applicant's salary and remuneration from her employment at the Ministry of Health, the Universities of Belize and the West Indies. The respondent also made some deposits to this account from his salary as a Civil Engineer at Burrell Boom Associates, though from the evidence his deposits in this account did not reach the level of the applicant's. The applicant's salary was paid into this account throughout the marriage until 2007.
There was also a Scotia Bank Advantage Master Card in both of their names. There was another account at the said bank, BNS No. 1931432 specifically for mortgage payments...
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