V.I. law will be changed so that divorce courts will have jurisdiction to distribute property acquired after the marriage, with some exceptions for gifts, inheritances and judgments, if a bill approved in the Rules and Judiciary Committee becomes law. [Bill 30-0392]
Under existing V.I. law, only the homestead may be attached, and it is possible for a spouse to put all property in one name and then leave the other spouse with nearly nothing after decades, according to Sen. Nereida "Nellie" Rivera-O’Reilly, the bill’s sponsor.
“The amendment to the bill is a critical component to protect the real property owned by a married spouse who is going through a divorce,” Rivera-O’Reilly said. She later offered an amendment in the nature of a substitute that contained exceptions to communal property in a divorce.
Sen. Janette Millin Young asked for more explanation of the differences between what happens with property now and under the bill, and what the exceptions were.
V.I. Bar Association member Kye Walker said the proposed amendment contains exclusions that protect from distribution in divorce any property acquired by gift, bequest, devise or descent; in exchange for property acquired prior to the marriage or in exchange for gifted, bequested or devise property; by a spouse after decree of legal separation; through a judgment awarded to a spouse from the other spouse; and property excluded through a written agreement of parties.
Sen. Donald Cole asked, “Does this law apply to retroactive divorce cases?”
“The law impacts current divorce cases that are filed. It doesn’t apply to previous divorce cases," said St. Thomas attorney Curt Otto.
The committee also approved the following nominees and bills:
– Mavis Matthew to the Board of Medical Examiners for the District of St. Croix;
– Kimberly Jones and Troy A. de Chabert-Schuster to the V.I. Government Hospitals and Health Facilities, Corporation District Governing Board for the District of St. Croix;
– a bill sponsored by Sen. Myron Jackson to establish the V.I. Sports Commission and a National Sports Policy within the Department of Sports, Parks and Recreation that would be responsible for regulating sports, recreation, leisure and wellness programs in the territory;
– a bill sponsored by Sen. Sammuel Sanes redefining the crime of "mayhem" to remove the assumption of intent. Sanes said a recent federal court case had declared that section of law to be unconstitutional, so removing it clarified the law;
– and a bill naming Rt. 72 on St. Croix near Carambola Beach Resort for Don Marcellino "Vieques" Santiago.
Present were Sanes, Rivera-O’Reilly, Cole, Jackson, Millin Young and Sens. Kenneth Gittens and Shawn-Michael Malone. The nominees and bills will now get a final up or down vote by the full Legislature at session scheduled Thursday and Friday this week.
