Smith, Astley v Carmen Bailey-Smith

I N THE SUPREME COURT OF JUDICATURE OF JAMAICA

I N EQUITY

CLAIM NO. HCV 01771 OF 2004

BETWEEN ASTLEY SMITH

AND CARMEN BAILEY-SMITH

CLAIMANT

DEFENDANT

I N CHAMBERS

Mr. L a w r e n c e H a y n e s for t h e c l a i m a n t

M i s s Simone J a r r e t t i n s t r u c t e d by t h e K i n g s t o n Legal Aid C l i n i c f o r

C1: the d e f e n d a n t

'-,

February 10 and 14, 2006

DIVISION OF MATRIMONIAL PROPERTY, POST SEPARATION

MORTGAGE PAYMENTS

SYKES 3

1. Mr. Astley Smith was a Corporal in the Jamaica Constabulary Force. He

was married to Mrs. Carmen Bailey-Smith. I n 1983, the couple bought

land located at lot 897 part of the Albion Estate in the parish of St.

Thomas and registered at Volume 1055 Folio 803 o f t h e Register Book of

Titles. Both names were registered on the t i t l e as joint tenants. The land

was purchased by Mr. Smith alone, using insurance moneys he received

and a loan from National Commercial Bank. Mrs. Bailey-Smith d i d n o t

contribute to the acquisition of the land. They separated in September

1998 and finally divorced. IYr. Smith left the house voluntarily. Since the

separation, Mrs. Bailey-Smith has been the sole occupier of the house.