19 July

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Millette v Gervais

Citation: TT 2006 HC 30 Title: MILLETTE v. GERVAIS Country: Trinidad and Tobago Court: High Court Suit no.: HCA 3179 of 2002 Judge(s): Pemberton, J. Date: May 8, 2006 Subject: Family law Subsubject: Relationship other than marriage – Cohabitation – Whether the relationship between the parties was governed by the Cohabitational Relationships Act 1998 – Whether the relationship met the requisite five year period – Parties cohabited for three years – Application dismissed. Appearances: For the plaintiff: Mr. D. V. Warner. For the defendant: Mrs N. Maynard-Marshall. PEMBERTON, J. INTRODUCTION [1] I must give an explanation for the length of time taken for this judgment. The matter came up for hearing before me on...

19 July

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Mohammed v Albert

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in Family Law - Cohabitation

Citation: TT 2006 CA 27 Title: MOHAMMED v. ALBERT Country: Trinidad and Tobago Court: Court of Appeal Suit no.: Civil Appeal No. 165 of 2004; HCA No. 1651 of 2003 Judge(s): Warner, J.A.; Kangaloo, J.A.; Mendonca, J.A. Date: July 31, 2006 Subject: Family law Subsubject: Property division – Cohabitational relationship – Adjustment – Contribution – Home purchase with lottery winnings for the benefit of the family – Trial judge's findings were supported by evidence – Decision was not plainly wrong – Appeal dismissed. Appearances: Ms. Hyacinth Griffith for the appellant. Ms. Lynette Seebaran for respondent. (End of page 1) MENDONCA, J.A.: 1. I have read the judgment of Warner, J.A. and I...

19 July

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Delzine v Stowe

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in Family Law - Cohabitation

`Citation: TT 2002 HC 111 Title: DELZINE v. STOWE Country: Trinidad and Tobago Court: High Court Suit no.: H.C.A. No. 3007 of 2001 Judge(s): Mendonca, J. Date: July 21, 2002 Subject: Family Law Subsubject: Unmarried couple - Application for property division and maintenance - Cohabitational Relationships Act, 1998 Appearances: Mr. P. Lamont for the plaintiff. Mr. I. Benjamin for the defendant. MENDONCA, J.: The plaintiff by summons dated November 19th 2001 applied under the Cohabitational Relationships Act, 1998 (the Act) for maintenance for himself and for the transfer of part of the defendant's interest in the following properties: (end of page 1) (i) No. 2 Coastal Drive, Windsurf, Westmoorings-By-the-Sea (ii) 29 East Windsurf Road,...

19 July

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Hutchinson v Gaskin

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in Family Law - Cohabitation

Citation: TT 2007 HC 218 Title: HUTCHINSON v. GASKIN Country: Trinidad and Tobago Court: High Court Suit No: FH 01582 of 2006 Judge(s): Tam, J. Date: November 2, 2007 Subject: Family law Subsubject: Property – Cohabitational relationship – Application for an adjustment order – Real property – Land valued at $200,000 – Building valued at $200,000 – Repairs to property performed – Parties have two children – Beneficial ownership of the property was vested in the respondent – Applicant made no contribution to the acquisition of the property – Applicant made non-financial contribution as homemaker and parent – Applicant made direct financial contribution to maintenance and repair of...

19 July

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La Fon v Velasquez

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in Family Law - Cohabitation

Citation: TT 2008 HC 275 Title: LA FON v. VELASQUEZ Country: Trinidad and Tobago Court: High Court Suit No.: FH 01054 of 2006 Judge(s): Ramkerrysingh, J. Date: November 19, 2008 Subject: Family law Subsubject: Common-law relationship – Applicant sought lump sum payment – Judge preferred evidence of respondent – Respondent entitled to claim monies spent directly on the house, monies paid to lease applicant’s secured car and a sum to represent significant contribution to the family. Appearances Mrs. Lynette Seebaran Suite for the petitioner Mrs. Janice Clarence-Quamina for the respondent RAMKERRYSINGH, J.: Although I have already delivered judgment in this matter I thought that it was important to write a...

19 July

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Kipps v Lord

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in Family Law - Cohabitation

Citation: TT 2009 HC 4 Title: KIPPS v. LORD Country: Trinidad and Tobago Court: High Court Suit No.: FH 547 of 2008 Judge(s): Gibson, J. Date: (undated) 2009 Subject: Family law Subsubject: Cohabitation – Property Adjustment – s.10 Cohabitational Relationships Act – Promise to marry – Both names on deed – Downpayment for property provided by mother of respondent and mortgage payments paid by respondent until default when paid for by respondent – Court awarded 45% interest to respondent. Appearances:- Mrs. Hayma Ramdhanie Seemungal for the applicant. Mr. Brian Busby for the respondent. GIBSON, J.: The applicant by Notice of Application for Financial Relief dated 27th March 2008 has applied for an...

19 July

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Chaitram v Dookie

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in Family Law - Cohabitation

Citation: TT 2009 HC 55 Title: CHAITRAM v. DOOKIE Country: Trinidad and Tobago Court: High Court Suit No.: FH 436 of 2007 Judge(s): Ramkerrysingh, J. Date: March 26, 2009 Subject: Family law Subsubject: Cohabitational relationship – Administration of Estates – Whether applicant satisfying conditions enabling her to benefit from deceased's estate – Distribution of Estates Act, 2000 s. 3 – Prerequisites for entitlement – Applicant not satisfying prerequisites – Application dismissed. Appearances: Mr. Kweku Wilson for the applicant. Ms. Ramesh Deena for the Interested Parties. Introduction and Summary Ramkerrysingh, J.: The Distribution of Estates Act, 2000 ("the Act") gives clear guidelines on the prerequisites that an applicant must meet in order to establish...

19 July

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Triea v Triea

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in Family Law - Cohabitation

Citation: TT 2010 HC 35 Title: TRIEA v. TRIEA Country: Trinidad and Tobago Court: High Court Suit No.: FH No. 1265 of 2007 Judge(s): Ramkerrysingh, J. Date: February 1, 2010 Subject: Family law Subsubject: Matrimonial property division – Fairness principle – Petitioner leaving matrimonial property when in an unfinished state – Respondent improving building by 90% of its current value – Whether good reason to depart from equality within sharing principles – MPPA, D.27 – Factors to consider in determining division of assets – Petitioner entitled to ⅓ share and respondent to ⅔ - Order that lump sum to be paid to petitioner or alternative monthly periodic payments. Appearances: Ms....

19 July

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Narine v Chune Et Al

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in Family Law - Cohabitation

Citation: TT 2012 CA 19 Title: NARINE v. CHUNE ET AL Country: Trinidad and Tobago Court: Court of Appeal Suit No.: Family Appeal 11 of 2009 Judge(s): Jamadar, J.A.; Bereaux, J.A.; Smith, J.A. Date: October 17, 2012 Subject: Family Law Subsubject: Cohabitation relationship – Right of cohabitant to inherit property on intestacy. Appearances: Mr. M. Montrose for the appellant. Mr. R. Doodnath for the respondents. INTRODUCTION JAMADAR, J.A.: This appeal involves the narrow issue of the rights of a cohabitant to inherit property on intestacy. However, it also raises the broader issue of the legal status and recognition of cohabitants in Trinidad and Tobago. The appellant had lived with the deceased for...

19 July

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Sammy v Maharaj

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in Family Law - Cohabitation

Citation: TT 2011 HC 43 Title: SAMMY v. MAHARAJ Country: Trinidad and Tobago Court: High Court Suit No.: FH 1818 of 2009 Judge(s): Mohammed, J. Date: February 4, 2011 Subject: Family Law Subsubject: Cohabitational relationship – Property division – Child – Access. Appearances: Dr. Charles Seepersad for the applicant Mr. Marlon Moore for the respondent MOHAMMED, J.: INTRODUCTION AND APPLICATION The applicant and the respondent were involved in a co-habitational relationship for some 10 years, which according to the applicant's affidavit, came to an end in April 2007. They have one child together, Anika Maharaj, a daughter, who was born on the 2nd August, 1996. Anika is now fifteen (15) years of age...

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