Dear Mrs Macaulay,

I am in a difficult situation. My husband and I got married in Jamaica in 2016. We started building a tiki boat to go into business together and I invested about US$38,000 into it. I travelled back and forth from the US to Jamaica to see him. I recently found out he was with another woman and has a baby, who is one year old. I want to get a divorce but I do not want to lose my investment in the boat. My name is not on any of the documents, because the boat was not ready yet. What can I do at this point? He is trying to push me out of the business because the boat is now almost ready to be out in the water. Please advise on the best move to make at this point.

The conduct of your husband is awful in every way. He has demonstrated that he is not a person worthy of your love, respect, and belief in his veracity in any respect. He has been unfaithful in that he had (and may still be in) a relationship with a woman and fathered a child. So he has broken his marriage vow in this regard. In addition, he is seeking to fraudulently and unfairly take full control and possession of your planned business.

It seems that he made no effort to meet any of the legal and established obligations of a husband to and for his wife. In addition, it seems that he was contracting workers for the construction and dealing with the purchase of materials with funds sent by you, but did not ensure on the purchase receipts that your name was included therein and thereon. Despite your investment in the venture, he is now seeking to deny your rightful share in the business and the returns on your investment therein.

You must retain an attorney to represent you and to prepare your claim and see to its filing in the Supreme Court pursuant to the Family (Rights of Spouses) Act for the following.

One, a declaration that you are a joint owner of the boat and in what proportion; then a declaration (if it has been registered in his sole name as the proprietor) that he holds your interest in trust for you. Then, a declaration, if he has been using the boat and collecting an income therefrom, for your husband to produce a detailed account of this, of the proportion of your entitlement thereof; an order of the value of the boat and of your interest in dollars thereof; an order that your husband pays over to you within a fixed period of time the proportion of the value of your interest as determined by the court in the said boat, and if applicable, in the income earned by him from his operation of the business. You need an order that if he fails to pay your entitlement within the period ordered, that the boat be sold on the open market (but that either of you may purchase the said boat), but that your lawyer shall have the carriage of its sale, and that your lawyer is authorised to pay out the sums awarded to you by the court and deal with the award of costs as ordered, and then to pay that which is due to your husband as determined by the court. Your lawyer should also apply that your husband should pay your costs for the proceedings on the grounds of his lack of honesty and integrity in his dealings with you with regard to your investments in making the boat and the business a reality. Your lawyer could also apply and ensure that your application be heard online, if he or she deems it best.

Your lawyer could also handle your divorce proceedings, which can proceed on paper, so that you do not have to attend court in person.

Please try to obtain legal representation as soon as possible and give to your lawyer a certified copy of your marriage certificate and your copies of your receipts of your transfers of monies to your husband and/or a statement from your bank in this regard. And please remember that ultimately in proceedings between spouses, even if you do not have all your receipts, your affidavit evidence and any oral evidence you give, whether in support of your claim or in cross-examination, are just as valuable in proof of your claim.

It rests with you to pursue your claim which the law provides for you to do to protect and obtain what you are entitled to have. Please do what I suggest as quickly as you can, so that at least you can obtain you financial entitlements as soon as possible. Then you can work on your emotional and psychological recoveries. All the very best.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.