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Can this young girl take away my property?

"DB" has written about a problem he is having with a young lady who has a child for him. DB's outline of the facts is most interesting but it has been edited just to fit into this column.

He writes: I am a Jamaican by birth, I left here in 1976 to live in Canada, but I have been coming back to visit. In January 2002 I came back on vacation and met a young woman, who at the time came across as intelligent, goal oriented and full of aspirations.

Needless to say I fell for her, she was 19 years old at the time, and I was 38. We spent the first month of my vacation together and three months after returning to Canada she sprung the news on me that she was pregnant with my child. I started to make preparations to get the baby supplies and sent her money to help out in case she needed anything.

$24,000 a month

After she had the child I kept sending her $24,000 a month. She was living in a 5 by 8 foot room with two beds and the crib. One bed was for her, the other for her nephew. A piece of land that I was looking at came up for sale (captured land) from a friend in the district. I was in Canada at the time so I asked her to purchase it for me, which she did. I came out five months later and got her to rewrite the land purchase in my name and I got two witnesses to sign it so I wouldn't have any problems later. I started to build and kept sending her money to buy supplies.

Continue sending money

After completion she began living at the house. I asked her what I could do to repay her and she said that I should just continue sending money to take care of our son and pay the bills. She also said that she wanted to take a computer class so I paid for it. She didn't get a job, so I continued to send her money, even while I was still building my house. She later mentioned that in order to get a job at one of the local hotels she needed to do an Arts class. I again paid for that. After she finished it, there was still no job.

A year and a half later she still claimed that she couldn't find a job, but she told me of her uncle who had a restaurant that she wanted to lease if I sent her the money. I did and that lasted for three months before closing down.

Again she mentioned a new Arts school and this one she said guaranteed a job on completion of the six-month course. After completion however there was no job.

From the get go I explained to her that when I returned home she would have to find a place to live and she said 'no problem'. In March 2007, I told her I was packing up and returning home to live in February 2008. I gave her ample notice but when I came back in February she was still there.

Two months notice

She asked me if I could give her two months but after that passed I confronted her. She said she had spoken to a lawyer and was told that because she has a child for me and had being living at the house from day one she didn't have to leave without some sort of compensation. Basically, she is telling me she that she owns half of my house.

Mr Bishop you can see why I am in need of some legal advice as soon as possible so I can get this person out of my life and house for good. I await your speedy advice.

I don't believe that you can just get this woman out of your life for good. First, there is the child and from all indications you have accepted the child as yours, so that not being in doubt, you have to work out a maintenance package and also access or visitation for the child.

Property (Rights and Spouses) Act

The other issue is that of the property. Obviously, the young woman would not be claiming as owner, in that she bought the premises for herself. The claim would come under the Property (Rights and Spouses) Act.

However, I have seen nothing to suggest that there was cohabitation for five years as required by the law. Since you are not married to this woman, she would need to prove that she is a single woman who cohabited with you as a single man for five years in order to make the application. If this does not exist, you should have no worry at all.

In my view, you should give her a notice to quit and vacate the premises or the part thereof that she now occupies. If she fails to leave, you should take the matter to court.

In all of this you obviously need the help of a lawyer for the legal issues and possibly the ear and shoulder of a good counsellor for the other family matters.

Keith N. Bishop is an Attorney-at-Law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com or by text at 779-2871.

 

October 30, 2008

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