How do I fix this foolish mistake?

Dear Mrs Macaulay,

I bought a house in Jamaica nearly two years ago. Foolishly, I did this as tenants-in-common, allowing my partner at the time a quarter share. The relationship then broke down very quickly and I returned to the UK due to mental and emotional abuse, and on the verge of a nervous breakdown. I paid for the house and all its contents. He is still living there. He agreed to give me his share if he can have all the furniture plus three years’ rent. He said he will sign a quick claim deed so that I get the full money once the house is sold, or we can do a transfer of deed or a love and affection deed transfer. Can you advise me of the best way forward that would prevent me paying a hefty stamp duty.

It is so unfortunate that you decided to act as you did, rather than go to the Family Court or Resident Magistrate’s Court in the parish your property is in, and apply for protection and occupation orders under the Domestic Violence Act. You would have had no difficulty in obtaining the orders, especially as you say his conduct pushed you to the verge of a nervous breakdown. The occupation order would have put him out of the house and the protection orders would have kept him away from you.

I am not sure how long ago you left, so I cannot say whether or not you can still make these applications.

Anyway, where does the idea of rental sums or rent money come from? Is any part of the property rented? Do you have in hand the value of all the furniture, appliances and furnishings in the house? Have you compared the total of these monies with the value of quarter of the interest in the property? Why do you not just buy his one-quarter interest? Remember, all he can legally claim is his quarter interest registered on the title. You would only have to pay half of the stamp duty and registration of titles fee based on the value of the quarter interest and your lawyer’s fee.

You must also consider that he has been residing in the house and enjoying the premises on his own, though he is only entitled to a quarter interest therein. He should be paying you rent for his use of the entire premises and for the use of your furniture, etc.

You must have given him the quarter interest based on certain intentions you both voiced and agreements you both made. Has he breached the agreements he made which formed the basis on which you gave him the share you did? If he has, you may have the grounds to apply to the court to declare that he is in fact not entitled to the quarter share and also apply for orders to effect the removal of his name from the title.

But let me deal with what you seem to have agreed on with him. This is, according to your letter, that he will sign a deed so that you will obtain the total sale price of the premises as long as you give him three years’ rental and all the furniture in the household. Or, he suggested that you can do an instrument of transfer of his interest simpliciter, or one for love and affection (which does not exist and so this would really be fraudulent). He will also be receiving valuable consideration for his interest – all the furniture and the three years rental sums.

If you buy out his quarter interest outright, he would be the vendor and he would have to pay transfer tax on the value of his interest, and then you both would pay the stamp duty and the registration fee due for the purchase and transfer of the quarter interest plus your respective lawyers’ fees. For such a transaction, you would only have to pay a half of the vendor’s attorney’s fee for preparing the Agreement for Sale, half stamp duty and half registration fee and your lawyer’s fee.

In my view, this is the most direct, simple and legally straightforward way to go about securing your own interest — by acquiring his quarter interest and having the entire property under your sole control. This would be the least costly to you and you would be rid of him so that you can sell the whole property at your own convenience.

You must be fully in control of the sale of your property. Do not let him do anything about it, and please obtain a proper valuation of the value of the premises and the contents.

You must do the comparisons between a straight purchase of his quarter interest and what he is demanding before you decide which route you will take. Whatever you decide, stamp duty must be paid by both of you, upon the transfer of his share to you or on the sale of the premises after you both have signed an agreement detailing exactly what he would get for his quarter share, in exchange for his executing the necessary Agreement for Sale and the Instrument of Transfer to complete the sale and transfer of the entire premises by you both.

Such an agreement should make it clear that he will not be entitled to his agreed consideration, the rentals and furniture, until the sale and transfer are complete, and that he must vacate the premises by a fixed date.

Finally, you must obtain the services of a lawyer here to represent you and protect your interests for and during the entire transaction.

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.

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.