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6/21/2019

START DATE

END DATE

21-Jun-19

Kyle Lloyd Constable v. Cassie Inoia Constable

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Court of Appeal for Bermuda

CRIMINAL APPEAL

Clarke (President) Kay JA Smellie JA

David Kessaram for Appellant Georgia Marshall for Respondent

Property disposition in divorce ancillary relief gift from wife's father mortgage contributions child maintenance

FACTS OF THE CASE:

Whether the gift to the wife retains its character as non-matrimonial property division of net equity in matrimonial home child maintenance

SUMMARY:

Adjustment to grant Mr. Constable 33% of the net equity in the matrimonial home amounting to $46101 recognition of father's gift as contributing to matrimonial property rejection of Mr. Constable's appeal on child maintenance

OUTCOMES:

Partly in favour of Defendant for the home but also in favour of Plaintiff regarding the adjustment of net equity division

RULED IN FAVOUR OF:

18-Aug-17

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Kyle Lloyd Constable v. Cassie Inoia Constable

Whether the gift to the wife retains its character as non-matrimonial property division of net equity in matrimonial home child maintenance

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