Estranged wife wants half hubby’s inheritance
Dear Mrs Macaulay, My wife and I struggled financially for years. She moved out, and about four months after, I inherited a home, a business, and a large inheritance from a grand-aunt who passed. She has now filed papers claiming that she is entitled to half of what I have, even though when she moved out, we were destitute. She said we were still married when I came into my inheritance. What can I do to stop this craziness? We have no children together.
You must defend yourself against your wife’s claims, and to do so, you should obtain the services of an attorney-at-law. Do not worry. The situation is not as simple as she seems to think.
The laws which are applicable in the circumstances you have concisely related are (1) The Property (Rights of Spouses) Act 2004 (PROSA); and (2) the Maintenance Act 2005 and their amendments.
First of all, the home you inherited does not fall within the definition of the family home under PROSA. It defines “family home” as the dwelling house which is (or was) solely owned by either of the spouses or both of them, and was habitually used by them or from time to time as their only or principal family residence… “but shall not include such a dwelling house which is a gift to one spouse by a donor who intended that spouse alone to benefit”. In addition, Section 7 provides that the court, in dealing with the circumstance in any case where the facts causes the court to conclude that it would be unreasonable or unjust for the one-half proportions of spouses to apply, may on an application make an order it thinks is reasonable once it has considered the relevant factors, including the fact that the family home was inherited by ONE spouse, and other stated factors which do not apply to your circumstance.
The business and money you inherited fall within the definition of “property”, also in PROSA. For these, in section 13(1)(c) where you have separated and there is no reasonable likelihood of reconciliation, an application must be made within 12 months of the separation, which your wife has done. Section 14 details the factors which the judge should take into account in deciding what to do about the business and the money you also inherited.
Some of the factors the judge must take into account include the fact that there is no family home; the length of the marriage; and any other fact or circumstance which in the court’s opinion, the justice of the case requires. In addition, the judge must consider the contribution of the parties to the management of the household and the performance of household duties, and the effect of any proposed order upon the earning capacity of either spouse. The judge must also be satisfied that any order made is just and equitable in the circumstances of the case for the parties.
The issue of maintenance for your wife could and may be considered by the court, especially if it is decided that your wife is not entitled to any share of any part of your inheritance, because if she is in need of maintenance from you, you are obligated in law, under the Maintenance Act, to provide this for her.
It is my opinion that though your wife in all probability would not succeed in getting one-half share of your inherited properties, that she would succeed in a claim for maintenance, and the court would conclude that a contribution from you for her reasonable expenses would be just and equitable for such a period as the judge deems necessary and just.
Please retain a lawyer to represent you and defend your position to the fullness of the law, and to ensure that justice is served.
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.
