Morson v Morson

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Peterkin, J.
• Judgment Date: 12 November 1984
• Neutral Citation: MS 1984 HC 1
• Docket Number: No. D24 of 1984
• Date: 12 November 1984

High Court

Peterkin, J.(Acting)

No. D24 of 1984

Morson

and

Morson

Family Law - Husband and wife — Matrimonial Property

Facts: This was an application by the wife under section 19 of the Married Women's Property Act Cap. 302 to determine title to the matrimonial property. The trial judge found that the property in question had been conveyed in the joint names to the parties; that the wife had contributed to the purchase of the property; that the property belonged to the parties jointly on the basis of the presumption of advancement on the part of the wife and on the basis of a presumption that the husband intended it to be for the wife's benefit as a gift or advancement to the wife.

Held: The property belonged to the parties in equal shares.

1 Peterkin, J.(Acting): This is an application by the wife under section 19 of the Married Women's Property Act, Cap. 302 of the Laws of Montserrat, to determine title to a property (house and land) at Richmond Hill and also a small area of land at Cork Hill, both situate in the island of Montserrat.

2 Mr. and Mrs. Morson were married in 1956 but axe now separated and live apart from each other, he in Montserrat, she in Kissimmee, Florida, U.S.A. They were married in the U.K, where they had migrated. They first lived in a small flat, and both took employment, he as a forklift driver, and she as a machinist. According to Mrs. Morson, she earned £5 per week, while he worked for £6 or £7 per week. She would bank his salary, and they would use her salary to keep the house. She would buy food and pay the bills.

3 In 1958, they purchased a house in Middlesex for £2,000. A mortgage was obtained through a Building Society, and was repaid through the account into which she banked his salary. The account was in the husband's name only, and the house was purchased in his name and was sold about 9 years later for £5,000. During this period the wife had continued to work except for short periods when she had given birth to their two children. According to her, she continued as before to buy the food for the family and to keep the house and pay such bills as rates and telephone. They then purchased another house for £5,050 with a continuing loan from the Building Society. By this time it is only reasonable to conclude that they were both earning more at their respective jobs.

4 The Cork Hill lot was purchased in 1972 and was put in the husband's name only. One year later the Richmond Hill property was purchased, and it is common ground that title to it was put in their joint names. Both properties were purchased with monies sent out from England.

5 The house at Richmond Hill was commenced in 1975 with money sent from England, and a mortgage obtained from the Chase Manhattan Bank in Montserrat of $50,000 E.C. Both husband and wife signed the mortgage documents. It was intended that it would be the matrimonial home. It was completed in 1978 with a further mortgage of $5,000 E.C. obtained by the husband.

6 In the meantime, the house in England was sold in 1977 for £15,000, and the Morsons emigrated to the U.S.A. Of this sum nearly one half (i.e., £7, 411. 41) was cabled to the Royal Bank of Canada in Montserrat to repay the mortgage on the Richmond Hill property. They moved to Boston where they lived for some time, and finally became separated in September of 1978. We are not here concerned with the reasons. It may be relevant to mention that at the time they emigrated the wife was earning £42 per week, while he was earning over £100 per week.

7 Mr. Morson's account is in the contrary. He gave evidence of his earnings from time to time and went on to state that his wife earned very little money, that she contributed nothing towards running the house, and, indeed, that she spent all of her earnings on clothes for herself. He alleles that the houses in England were purchased with his savings only, and that she had contributed nothing. He went on to state further that the Richmond Hill property was financed entirely with his money, none of which came from England. He claims that he did not even know the extent of his wife's earnings, nor had he ever asked her, a claim I find difficult to believe.

8 I suspected all along that Mr. Morson was giving a garbled version of the facts. My suspicions were soon confirmed. For obvious reasons, he was anxious to have me believe that none of the money for which the house was sold in England, namely £15, 000, was applied towards the Richmond Hill property. And so he swore on oath that none of that money went to Montserrat. He was then confronted with Exs. M.A.M. 1 and 2, the letters of 30th June and 18th July, 1977, which should be allowed to speak for themselves.

9 “Barclays Bank Limited

10 Sudbury Hill Branch

11 1221 Greenford Road,

12 Greenford, Middlesex,

13 Telephone: 01-422 2333 and 7122

14 30th June, 1977

15 Mr. J.D. Morson,

16 33, Schuyler Street,

17 Dorchester Ma. 02121,

18 Boston,

19 U. S. A,

20 Dear Mr. Morson,

21 Thank you for your letter of the 23rd June, and we trust that you are settling down in your new surrounding.

22 Your Solicitors forwarded us a cheque for £13,431.54 from the sale of 1506, Greenford Road, and this was credited to your account on the 30th May. Allowing for the cost of your initial travel facility of £1,214.07, the remaining balance on your deposit account now stands...