Case Caption: Winston Demming v. Sylvia DemmingCase Number: S. Ct. Civ. No. 2015-0052Date: 04/04/2017Author: Cabret, Maria M. Citation: Summary:

In a marital property dispute incident to a divorce, the Superior Court erred in calculating the husband's net contribution toward the marital homestead because it failed to incorporate his undisputed payments of property tax and homeowner's insurance, as well as support payments. Meaningful review of the calculation of the husband's premarital interest in the property and the Superior Court's consideration of his marital conduct is not possible in this appeal because that court failed to explain its reasoning. Further, while large portions of the memorandum opinion were devoted to analysis of the husband's marital fault, it failed to explain how this conduct was relevant to the economic position of the parties. The May 8, 2015 divorce decree is vacated in part and the case is remanded for further proceedings consistent with this opinion. On remand, the court shall equitably distribute the marital homestead pursuant to 33 V.I.C. § 2305(d) and appropriate factors, without any regard to marital fault, and shall consider the husband's unacknowledged contributions. The Superior Court shall also explain its calculation of his premarital interest when it equitably distributes the marital homestead.

Attachment: Open Document or Opinion