Case Caption: Harvey v ChristopherCase Number: S. Ct. Civ. No. 2007-0115Date: 07/19/2011Author: Hodge, Rhys S. Citation: Summary:

In an appeal from rulings concerning marital property and alimony related to a divorce, because failure to record a deed to certain real property did not affect its validity under 28 V.I.C. § 241(a)(2), the Superior Court did not err in finding that the properly executed, witnessed and notarized deed conveyed the property to the son of the husband years earlier, even though it was not recorded as permitted under 28 V.I.C. § 41. The provisions of 28 V.I.C. § 124 are not applicable to these circumstances, and thus the real estate did not qualify as a marital homestead subject to equitable distribution during the divorce action. The defendant wife waived her right to assert a claim for alimony in gross by choosing to file an answer to the divorce petition that expressly waived any claim for alimony, and failing to withdraw or amend that answer, and the Superior Court did not abuse its discretion in barring assertion of such a claim. There was also no abuse of discretion in denying a motion for reconsideration involving a single conclusory sentence unsupported by any argument or authority. The orders appealed from are affirmed.

Attachment: Open Document or Opinion