Ex abandoned house bought jointly

Dear Mrs Macaulay,

My son’s father and I purchased a house on the open market in 2010 using the National Housing Trust (NHT). He started working in Kingston and started a new life and stopped paying the mortgage almost a year after. I wasn’t able to manage the payments fully, so I used monies I had saved. Then I lost my job and went into arrears. When I finally got back a job, I had to start paying both the mortgage and his arrears. He stated that he had no interest in the property, but when asked to sign a document stating same, he distanced himself. I have been paying the mortgage solely up to now, 2023. I was approved for a home improvement loan and due to his name still being on the title, he will need to sign. He stated that I can do whatever I want, but when he was asked to sign he declined, stating he has plans to pay off his portion. All this time, over 13 years, he has not contributed to any aspect of the mortgage or the upkeep of the property. What do I do? I need help!

I am sorry to say that the only way you can prevent the father of your son getting away with what would be a clear theft of the monies you have struggled, and I am sure sacrificed for over 13 years to pay all by yourself in order to secure the house you and he had initially purchased, is to take the matter to court. It would be a further strain on you, but you are a strong woman and though you would be burdened with the legal expenses at first, afterwards you should get your property for yourself solely and obtain an order for the costs of the case made by the judge in your favour.

It is a pity that you could not file your claim before, but it is even better now as you have pointed out that for over 13 years he abandoned any interest he had in the property, and this abandonment can be added as one of the grounds for your claim, in addition to the fact that for the same period of time he contributed nothing to the acquisition and maintenance of the premises, and stated that he had no interest in the property. His statement was backed up with the fact that he stopped paying any part of the mortgage less than a year after you both purchased the premises and obtained the mortgage loan from the NHT.

From that time, you became solely responsible for the mortgage payments and maintaining the premises. He abandoned his interest and his legal and moral obligation to pay any part of the mortgage and did not pay to maintain the premises itself either.

By his refusal to also sign the home improvement loan documents, he was again illustrating his lack of interest in the property because he was preventing you from doing improvements and enhancing the value of the property which to all intents and purposes has been your home with your son for years.

You have to get his name off the title. You did not state whether it is a joint, or tenants-in-common title holding registered in your names. Anyway, it does not really matter. You must get yourself a lawyer experienced in land law and move as quickly as possible with your claim to the court, to have his name taken off your title. The lawyer must apply for a declaration that you are the sole owner of the property; for an order that the registration in your joint names or as tenants-in-common be cancelled; and an order that you be registered as the sole owner (or you could claim that you and your son be registered as the owners, as he may have assisted you to retain and maintain the property). In addition, make a claim that any other or further orders as may be just and necessary be made by the judge in your favour, and finally, for an order that the costs of the case be paid by the defendant, your son’s father, to you.

The grounds of your claim would be that he abandoned his interest in the property. The only reasonable conclusion which the judge can come to, is that he indeed has no interest in the property, and then make the declaration that you are the sole owner, and order the removal of his name from the title and any others deemed necessary and to award the costs of the action to you to be paid by him.

Please do not wait any longer to file your case. It is the only way that you can get him off the title and free yourself from the yoke he has forced on you. Retain the services of your lawyer now and move quickly to legally secure your property for yourself and the benefit of your son. Act now on what I have said above, and if he tries to claim his share, proceed with the claims I have advised you to make above. I would however prefer that you file your case and that you do not wait for him to act and put you in a defensive position.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.