Christopher Sydney (Appellant) v Rhonda Sydney (Respondent) (Trinidad and Tobago)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2025/0028

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

CHRISTOPHER SYDNEY

Respondent(s)

RHONDA SYDNEY

Issue

Were the lower courts wrong to conclude that the Appellant held only a legal interest and not a beneficial interest in the matrimonial home?

Facts

The parties were married in 1983. They have four children. In 1997 the parties purchased a property to be their matrimonial home, with a mortgage granted by a bank, RBC. The Respondent was employed at RBC at that time until 2011. The parties divorced in 2010. In 2015, the Appellant vacated the property and sought a sale of the property with the proceeds to be divided equally, or for the Respondent to purchase his one half legal interest. The Respondent claimed that she purchased the property and paid all mortgage instalments with no contribution from the Appellant, and that she paid all household expenses including care of the children. She therefore claimed that the Appellant held his legal interest in the property on trust for her. The Appellant denied this, stating that because the Respondent worked at RBC it was simply more practical for the mortgage deductions to be paid solely from her salary, and that the Appellant did contribute a sum towards the acquisition of the property, as well as contribute to household expenses. The High Court dismissed the Appellant’s claim, declaring that the Appellant holds his half share legal interest of the property on trust for the Respondent and he ordered that the Appellant convey his half share to the Respondent by executing a deed of conveyance. The Court of Appeal dismissed the Appellant’s appeal. The Appellant now appeals to the Judicial Committee.