Hubby touched my granddaughter

Dear Mrs Macaulay,

I am married to a man who is now in jail for “touching a child for lustful purposes” (USA). I do not know what to do from here. I’m afraid I’m going to lose my house. I’m afraid of people in his family if I go against him. I want a divorce, because he has been indicted for this crime, which was against my granddaughter. He also has a very violent history. I don’t know which way to turn.

Your letter makes clear your worry and anguish because of your husband’s alleged sexual violation of your granddaughter. Yet, at the same time, it is void of many necessary facts which would enable me to give you a more fulsome reply.

I am uncertain about the situation of your house which you are afraid that you are going to lose. Is it here in Jamaica or in the US? Additionally, where are his family members of whom you are afraid? Are they in the US or in Jamaica? What power, influence or authority do they or will they have about anything you do, be it with your marriage or the property? Do you and your husband own the house jointly? Or does it belong to one or the other of you? Whose name is on the title deeds?

You say that your husband has been indicted for the crime. Is he in custody on remand awaiting his trial? Or is he out on bail and staying elsewhere? Are you now in the US, or in Jamaica?

In these circumstances, therefore, I can only answer you and give you my opinion as best as I can.

(1) If the house is in the US, the responsible thing really for you to do is to go and see a family law/divorce lawyer there and for you to explain the full circumstances of your husband’s case, that you want a divorce, what you wish to do about your house, and your fear of his family’s reactions if and when you act. You will receive proper legal advice which would enable you to proceed with your plans.

On the issue of the possibility that you say you may lose your house, the only circumstance in which I imagine this can occur, (as you have not given me any facts to work with), is that your husband may be seeking to get bail and seeks to use the property deeds as security for the bail bond if he succeeds. This could surely result in the loss of your home if he does get bail and then absconds. If the equity you have in the property is only sufficient to make good on the bail bond sum, then nothing would be left for you after that and the balance of the mortgage is paid. I am not saying that he will get bail, because for such an alleged crime he should not, but strange things happen. If he does, he would not be permitted to live anywhere your granddaughter is, or near any other child or children. This will also be the case if he is convicted and after he has served his sentence. He would be in the Child Sexual Offenders registry and he must disclose the fact of his conviction in any neighbourhood where he seeks to reside.

I can only again repeat that if you are in the US you should go and obtain legal advice from a family law/divorce attorney. You must not let your fear deter you from choosing to protect and support your granddaughter during and after the trial, because you seem to be certain about your husband’s guilt because of your decision and plan to obtain a divorce.

(2) If you are and/or your house is here in Jamaica, it will not matter whether the property is owned by him alone or by you both. You are in law entitled here presumptively to a 50 per cent interest in the property. You would need to file an application for a declaration of your interest in the property and for orders for division of the interests, for the sale of it, and with the option for either of you to purchase the other’s interest, and failing this, to sell it on the open market by auction or sale, etc. This application can be made before you even file for a divorce decree.

I hope I have given you food for thought and that as a result you will act responsibly and seek legal advice and representation. But please remember that whatever you decide to do, you must ensure that you support your granddaughter and ensure her safety.

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.