How To Get My Name On My Husband‘s House Title In Jamaica

by Winsome
(USA)

RESPONSE: by Deon Clarke


Hi Winsome,

Thank you for stopping by and for your question.

Before I go any further, let me pause right here to say a big “congratulations” to you and your husband on achieving 33 years of marriage! That’s no simple task, that’s a major milestone especially in these days. I wish for you both, continued success and happiness. Now to your question:

How can I get my name on my husband house title?

I must say to you that it is always best to retain the services of an attorney regarding these matters as they can become very complicated. You also did not indicate the circumstances under which you are now seeking to have your name added to your husband’s house title.

I would first suggest that when you get to Jamaica, you contact the Registry of Titles and National Land Agency for a title search and to make sure that all is well with the title.

Then, as I mentioned before, seek the services of an attorney-at-law who would be better able to assist you with the process. If not, at least get some amount of directive from the relevant authorities at the relevant agencies on how to proceed.

However, as long as there is nothing wrong with the existing title and ownership, you should be good good to go! All that is required would be a completed transfer form which would need to have all the relevant information, including your name as the name to be added.

You must note as well that there will be some associated fees as well as transfer tax that would need to be paid. The transfer tax amount would be dependent on the value of the property but is usually around 5 percent of the property value.

Additionally, to have this procedure done, you should be aware that all property taxes for the property in question must be current or up to date.

This process would obviously need the input of your husband as well as he would also have to sign on the transfer form. You also did not indicate if he would be travelling with you to Jamaica.

Being married for so long, there is certainly a need to protect your interest and that of your son in this property, even though by law, you would have been automatically entitled to half of the property as per the Property (Rights of Spouses) Act.

I would suggest as well that you treat this situation as one of urgency. Obviously a considerable amount of time has passed and with passage of time, these issues can get complicated especially in the event of death.

Providing that there are no issues as far as the title is concerned, and all the relevant documents and information have been provided, you shouldn’t have much of a challenge in accomplishing this task. The normal processing times for these requests can range from two to four months.

I certainly hope that the information provided will be helpful to you as you try to get this matter resolved. All the best !

Thanks again for your question Winsome!

I also recommend you read How to split a piece of land in Jamaica.

Regards,
DC

References:

• https://www.jamaicaobserver.com/all-woman/wife-wants-to-add-name-to-property-title_122243&template=mobilearticle
  
• https://moj.gov.jm/laws/property-transfer-act
  
• https://www.nla.gov.jm/content/land-titling
  

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