boyfriend's home.

A counter-claim made by the boyfriend was also dismissed by Puisne Judge the Hon. Mr. Justice Ground.

Plaintiff Ms Judith Ann Perinchief, who was represented by Mr. Delroy Duncan, felt she deserved an equal share of Mr. Eugene Raynor's, Bailey's Bay residence.

The basis of the claim was that Ms. Perinchief and Mr. Raynor, although unmarried, lived together from December 1983 to July 7, 1989.

During their cohabitation, the plaintiff said a house was built on land owned by the defendant using a $225,000 mortgage from the Bank of Bermuda.

Ms. Perinchief said that she paid for the furnishing of the property and throughout the cohabitation she "supplemented the defendant's income by direct payments to his account''.

"She also said she paid for all their living expenses, maintenance to the defendant's first wife and lent a considerable sum of money to a friend of the defendant,'' Mr. Justice Ground said.

Ms. Perinchief also stated that Mr. Raynor received $18,250 from a business owned by her called PGF Burgers.

She added that she had sold some of her own property from which proceeds exceeding $50,000 were paid to Mr. Raynor's current account at a time when the mortgage on the house was in arrears.

Because of these matters Ms. Perinchief understood she and Mr. Raynor would hold the property in equal shares upon a trust for sales.

The defendant, represented by Mr. Arthur Hodgson, he and Ms Perinchief moved into his house with her two children in 1986 and that thereafter he paid the electricity bill.

He also said that at some time after that he repeatedly requested that she leave, eventually threatening to have her evicted.

Mr. Raynor also agreed that Ms. Perinchief left the house in July 1989 and that he was a signatory on her business accounts.

He also admitted "the plaintiff paid him $40,000 but said this was to offset some of her indebtedness to him and the expenses that he was incurring on her behalf,'' Mr. Justice Ground said.

In a counterclaim, Mr. Raynor said that it was Ms Perinchief who wanted him to allow her to live in his house, that he urged her not to sell her land, and that they had agreed that she would pay her portion of the expenses when she and her children moved into his home, but she did not keep up with the arrangement.

Mr. Raynor added that the plaintiff had yet to repay her share of the money they borrowed from the Bank of Bermuda for a business on North Street.

In summary Mr. Justice Ground said that the "plaintiff's documented contributions are small.

"I accept that she made other, undocumented contributions, but I consider that it is likely that they both contributed to the domestic economy from their respective incomes,'' he added.

"I cannot say that her contribution was so large as to be referrable to the acquisition by the plaintiff of any interest in the property.'' He also believed there was no expressed agreement that the house would be co-owned by the pair.

"In the circumstances, I consider that the plaintiff is not entitled to the declaration of trust in respect of the defendant's property at 17 Sunrise Drive, Bailey's Bay, or to any damages in respect thereof. I therefore dismiss her claim,'' he said. "In respect of the defendant's counterclaims for use and occupation of his property and for payment of $20,000 or a declaration that the plaintiff acquired no beneficial interest in the North Street property, they too are dismissed.''