Husband wants wife out of the family home

DEAR MRS MACAULAY,

I have been with my husband for over 30 years, married for 11. Over the last four years he moved out partially from the house we share. I own another house. He works on the farm work programme so he is away six months per year and when he is home he spends 90 per cent of his time with his girlfriend. He also works when he is here but he does not take care of me or assists me with the bills. I have not worked since COVID-19 as I worked in the tourism industry and was laid off. The house we live in was given to him as a gift by his aunt and over the years we did massive renovations which I contributed to. Four months ago I left the house to stay with friends and family as the bills were too much for me. He accused me of leaving our home and told me not to return. I’ve now returned home to bills he accumulated while I was gone, that I had to pay.

Now he says he wants a divorce and I should move out of his house and if I don’t he is going to change the locks on the house. He said I am to move into my other house which is rented out, and which is my only form of income. What can I do to stop him from locking me out, and if he does, what should I do until he goes ahead with the divorce and all is settled? I am 57 years old.

I am surprised that you remained so long after you lost your work due to the pandemic, while your husband was spending most of his time in Jamaica with his girlfriend and no doubt spending his resources on the girlfriend. So he therefore was only spending 10 per cent of his time with you while he failed to meet any of the household expenses and provide no support for you as his wife in any way, though you were not working. Why did you not go and make an application in the Family Court for him to maintain you? Surely you know that your husband had and has the legal obligation to maintain you, especially as you had lost your job. You did not just walk off your job and say you were going to stay at home with your feet up and relax!

He purposely also left all the bills for the house for you to pay on your own, while providing nothing in contribution for your maintenance. And you just kept struggling to pay the bills and provide for yourself, until it was all too much for you and you moved out for a bit to stay with family and friends.

Regarding the marital home, though the property was a gift to him, it became your family home, and it was so treated by you both. It therefore does not mean that you do not have a share of it (be it 50 per cent or otherwise), because it was a gift to him under the Family (Rights of Spouses) Act. You see, the whole circumstances surrounding the gift and the actions of you both and apparent intentions and/or agreements regarding it, and on what premise your share would be decided, would depend on the terms of the gift and actions and consequences thereafter. The questions of whether it was just a simple gift to him or whether it was one which specifically and clearly stated that it was for his sole use by his aunt would have to be decided. If it was just a simple gift, you could be entitled to your 50 per cent share under the Act and even more because of your contribution to the costs of the renovations. If it was specifically for his sole use and benefit, then you would be entitled to a share representing the value of your contributions and their value added the property from your contributions to the massive renovations. In either case, you will be entitled to a share.

So what should you do? First, I suggest that you hire a lawyer at once. Do not delay! Or, rush to the Family Court which serves your parish and apply for maintenance for yourself and in the circumstances you relate and his threats to get you out, I am sure that there is sufficient evidence of abuse which fall under the Domestic Violence Act, so you can also apply for and have orders for your protection and of occupation to enable you to remain in your home. This would protect you from further abuse and threats from him and keep him away from you, as you would have the legal right to stay in the home.

It can also be ordered that he continues to pay the bills until your property interest in it is decided and your interest, properly valued, is paid over to you.

Your maintenance order can also be obtained under the Domestic Violence Act as a part of your applications thereunder. If you do not proceed under this Act, then you must apply for maintenance, and the total sum you apply for should include the cost for you to continue to live in the house by yourself and take in all your expenses to live as you both used to live before he started his unfaithful relationship and that the order and circumstances remain so, with you in the home until your percentage and its value in the property are decided and paid to you by him.

The property may need to be sold on the open market or he can buy out your apportioned interest within a certain time. While the domestic violence with or without your maintenance application or simply your maintenance application is being dealt with, your lawyer should have filed your claim for your interest in the home to be decided and so inform the court hearing your maintenance and/or domestic violence application(s).

So get a lawyer as quickly as possible to act for you and file your claims for your maintenance and interest in the home property. You can go for your maintenance and domestic violence applications to the family court which serves your parish and the clerk of court there will assist you with the preparation, filing and the service of them on him. But you will definitely need the assistance of a lawyer to obtain your share of the family home, as someone who understands the Act and interpretation of the provisions is absolutely necessary to ensure that you get what is legally your entitlement, be it on the basis that it is the family home, or on the basis that you are entitled to the present day value of the cost of your contributions to the extensive renovations done to the premises.

It is up to you to do what is legally necessary to enable you to obtain what in all justice ought to be provided for you and obtain your share of the value of the property which is your home and his.

I take this opportunity to wish my editor of All Woman, the editor of the Observer Daily and Sunday newspapers, all the staff there and all my readers a very happy, holy, safe, healthy and secure Christmas.

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.