EFTA01363349.pdf

Page 34 2014 V.I. LEXIS 45, *; 61 V.I. 13, ** and provided financially for the parties. The Defendant provided expert testimony evaluating the present value of the Plaintiff's medical license. O'Brien v. O'Brien, 66 N.Y.2d 576, 498 N.Y.S.2d 743, 489 N.E.2d 712 (1985). [10] Here, Dr. Wright-Francis acquired her medical degree in 1992, she began working towards the degree years before the parties were married. There is no evidence that Mr. Francis was unjustly compelled to delay or relinquish his education or career goals in order for Dr. Wright-Francis to pursue her goals. Mr. Francis did not provide testimony on the amount in which he contributed to Dr. Wright-Francis' education. Furthermore, Mr. Francis does not offer personal or expert testimony on the potential or actual worth of Dr. Wright- Francis' degree. Two (2) decades have passed since Dr. Wright-Francis received her medical degree. Mr. Francis failed to provide the Court any substantial or credible evidence to calculate a value of Dr. [*29] Wright-Francis' medical degree. [11] [HN8] The Virgin Islands has long viewed "marriage as a partnership or joint venture, whereby both parties collaborate for a common purpose and contribute toward its success." See, Fuentes v. Fuentes, 247 F. Supp. 2d 714 (2003); Felix v. Felix, 1998 WL 458499, *2 (D.V.I. 1998). It is important to note that Mr. Francis also received a higher education degree immediately before the marriage. Mr. Francis acquired his Master's in Business Administration in 1990 and is admittedly a well-qualified astute financial investment manager. The parties testified that ["31] they supported each other with the help of their families in the early years of their relationship and marriage. Both degrees provided an expectancy of a better life, but this was not guaranteed by contract or other form of surety. Even so, both degrees launched successful and profitable careers for the parties. Both parties worked throughout the duration of the marriage and contributed financially to the marriage. Accordingly, Mr. Francis' evidence and testimony are insufficient to demonstrate that Dr. Wright-Francis' medical degree is marital property. In this instance, Dr. Wright-Francis' medical degree is her separate property and is not subject to equitable distribution. 1 Equitable Distribution run ofHousehold Furniture and outer Propene teemedat I& 29 Ware Selby": [12] [HN9] The Court also has the authority to divide the personal property in divorce action even after a divorce decree has been issued. In Garcia, the Supreme Court explains that "the Superior Court will be required to issue rulings on post-divorce ownership of personal property ... such as cars, boats, electronics, jewelry, shares of stock, bonds and monies deposited with financial institutions ... ." Garcia, 59 V.I. 758. This Court is guided by Morris v. Morris, 20 V.I. 249, 1984 WL 998145 (Terr. V.I. 1984), and in the absence of provable ownership, the Court considers the personal property to be jointly owned in equal shares. With respect to the disposition of the household furniture, the evidence satisfies the Court that they are jointly owned by the parties and shall be distributed as set forth in Appendix A of this Opinion which is incorporated herein. C. Determination on Waste ot Mantel Assets In the Order entered by the Court on December 23, 2011, the parties were ordered to refrain from "destroying, removing, concealing or otherwise harming or reducing the value For internal use only CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0053312 CONFIDENTIAL SDNY_GM_00199496 EFTA01363349