Read the full judgment text of FCMC 006499/2004 on BabelCite. This Family Court judgment was delivered on 11 September 2009 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Ancillary Relief – Property Transfer – Need – Sharing – Division of Assets – District Court – Petitioner wife seeks transfer of matrimonial home held in husband's sole name – Property purchased with father's gift – Husband absent since 2004 – Children reside with wife, one with epilepsy – Court applies principles of need, compensation and sharing under section 7 – Wife has limited earning capacity and financial needs – Yardstick of equality departed from due to need – Property transferred to wife subject to encumbrances – Costs awarded to Petitioner
Legal issues: Computation of available assets · Division of assets · Departure from yardstick of equality
Outcome: Property transferred to Petitioner subject to encumbrances; Costs to Petitioner