McLaren-Josephs, Heather Fern v Josephs, Nigel Archibald

Case Number: 
2010HCV04484
Neutral Citation: 
[2019] JMSC Civ 72
Date of Delivery: 
09.04.2019

The parties’ interest in the family home – Principal asset – Statutory rule creates an entitlement to equal interest – Equal share rule is the norm but may be displaced – For the rule to be displaced, it has to be shown to be unreasonable or unjust –What constitutes a section 7 factor – No requirement that inheritance factor occurs before the marriage – Once a section 7 factor exists then court can consider all other circumstances including contribution – Inheritance money used to repay mortgage – Post separation contributions do not affect entitlement at separation – Occupation rent – Payment of interest equivalent to payment of occupational rent- Rental Income- Other property- Different considerations – Motor vehicle – Factors that support and rebut a presumption of Gift