The Supreme Court of Liberia has overturned a prior ruling from the Sixth Judicial Circuit, Civil Law Court in a long-standing land dispute between the Intestate Estate of Martha Stubblefield Bernard and the Intestate Estate of Danielette P. Tucker Bernard.
The dispute centered on the ownership of 12.92 acres of land in Monrovia, reportedly acquired jointly by the late William Thomas Bernard and his then-wife, Danielette Tucker Bernard, during their marriage.
Following their divorce and the subsequent death of Mr. Bernard, a legal battle ensued between their respective estates over rightful ownership of the property.
The lower court had ruled in favor of the Estate of Danielette Tucker Bernard, holding that the entire property reverted to her based on the principle of survivorship.
However, in a recent decision, the Supreme Court, led by Chief Justice Sie-A-Nyené G. Yuoh and Associate Justices Jamesetta H. Wolokolie, Yussif D. Kaba, Yamie Quiqui Gbeisay, Sr., and Ceaineh D. Clinton Johnson, determined that the trial court misapplied the law.
Citing well-established legal principles, the Supreme Court ruled that property held as an “estate by the entirety” during marriage automatically becomes a “tenancy in common” upon divorce.
Therefore, both parties would be entitled to equal shares of the property, and the right of survivorship no longer applies after the dissolution of the marriage.
The Court also found discrepancies in the appellee’s 2018 deed, noting legal and factual inconsistencies that the trial judge failed to address.
According to the ruling, these inconsistencies should have led the trial court to set aside the jury’s verdict.
In its opinion, the Court affirmed that Martha Stubblefield Bernard was lawfully deeded 4.23 acres of the land, including the marital home and surrounding structures, in accordance with her legal right of first refusal.
This right allowed her to purchase the home following her husband’s death.
“The trial court erred in its determination that the property reverted entirely to Danielette Tucker Bernard,” the ruling stated.
The Supreme Court reversed the lower court’s judgment and remanded the case with instructions for enforcement in line with its decision.
Costs were ruled against the appellee, and a mandate has been issued for the lower court to resume jurisdiction and implement the high court’s ruling.
This landmark judgment clarifies key aspects of property rights in Liberia following divorce and inheritance, especially in cases involving jointly owned marital property.
Legal observers believe the ruling will serve as a precedent for future estate and property disputes across the country.
