In Civil Action No. 09-287, Jennifer Sugiyama Yano field for divorce against Victor Yano and asked the court to resolve one issue – whether the leasehold interest to the Ngerikiil Farm in Airai is a marital property or whether the latter owned it as his separate property.
In a 13-page order, Foster ruled in favor of State Minister Yano because the property was obtained before he was married to Sugiyama.
The property was owned by Yano in 1996.
Sugiyama claimed that in 2003 shortly after they were married, she took care of the Ngerikiil area and turned it to a farm and piggery.
In 2009 however, Yano ended his marriage to Sugiyama pursuant to the Palauan customs and asked her to vacate his property in Ngerikiil.
Sugiyama and her father who runs the piggery did not move out of the property.
The order said that Sugiyama told her father not to move unless the marriage was legally terminated.
Starting January 1, 2010 the Sugiyamas’ were barred from entering the property and that the respondent has blocked entry to the farm and piggery.
Sugiyama file for divorce January 27, 2010.
Problems started arising as a result because the petitioner and her father continued to go to the farm to feed the animals despite the blockades put up by the respondent, according to the order.
The respondent ordered to put blocks on the road leading to the farm, put up security guards, cut of water and other utilities and some of his men have threatened the caretakers hired by the petitioner.
The court ruled that the Ngerikiil property “was not jointly acquired in anticipation of or during the marriage, it was acquired while respondent was single or at least not married to the petitioner.”
Foster in her ruling stated that although the Sugiyama’s run the farm, the actions do not turn the respondent’s separate property into a marital property.
The order said although the petitioner has the right to a share of any increased value due to the improvements made, she however made no such claims in her petition.
The court ordered the Sugiyamas’ to vacate the property by Oct. 11 and move his pigs and chickens from Ngerikiil.
The court also ordered the respondent to cease from any attempts to evict the petitioners which means no logs, boulders or other obstruction on the road.
