Waye Hive v Waye Hive (DV 92/2009) [2017] SCSC 894 (3 July 2017)

Waye Hive v Waye Hive (DV 92/2009) [2017] SCSC 894 (3 July 2017)

Both parties contributed to the acquisition and development of the matrimonial home, with the Applicant making significant financial and physical contributions and the Respondent having a greater equity due to the land's origin and her role. Equity requires a 40% share to the Applicant and 60% to the Respondent.

Citation
[2017] SCSC 894
Parties
Applicant: Marc Waye Hive; Respondent: Judith Waye Hive
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 July 2017
Case Number
DV 92/2009
Procedural Posture
Ancillary Relief to Divorce (matrimonial Property Division) / Judgment
Outcome
Applicant awarded 40% share and Respondent 60% share in the matrimonial home; specific orders for payment or sale issued.
Legal Topics
Matrimonial Property Division, Beneficial Entitlement, Equitable Distribution, Contributions to Matrimonial Property
Source Language
English
Family Law Property Law Matrimonial Property Division Beneficial Entitlement Equitable Distribution Contributions to Matrimonial Property

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Parties

Marc Waye Hive

Applicant

Judith Waye Hive

Respondent

Procedural Posture

Ancillary Relief to Divorce (matrimonial Property Division) / Judgment

Legal Issues

  1. 1 What is the equitable share of each party in the matrimonial home (Parcel H4694)?
  2. 2 What contributions did each party make towards acquisition and development of the property?
  3. 3 How should the property be divided given the circumstances of the marriage and divorce?

Ratio Decidendi

Both parties contributed to the acquisition and development of the matrimonial home, with the Applicant making significant financial and physical contributions and the Respondent having a greater equity due to the land's origin and her role. Equity requires a 40% share to the Applicant and 60% to the Respondent.

Court Disposition

Applicant awarded 40% share and Respondent 60% share in the matrimonial home; specific orders for payment or sale issued.

Orders

  • Respondent to pay Applicant SR 661,000 as his share by 4 January 2018.
  • If Respondent fails, Applicant to pay Respondent SR 992,400 by same date, with Respondent to hand over vacant possession and transfer title.