All Woman
  • Home
  • Relationships
  • Features
  • Fashion & Beauty
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
    • Home
    • Relationships
    • Features
    • Fashion & Beauty
    • Health & Fitness
    • Your Rights
    • Parenting
    • Advice
Purchasing property with someone? Be sure to consider ownership options
All Woman, Features
June 30, 2019

Purchasing property with someone? Be sure to consider ownership options

BUYING property with another person may appeal to some individuals.

If you are one of them and you decide to buy a property with someone else — be it your spouse, child(ren), business partner, or friend — one of the most important factors to consider is your ownership (holding) options, specifically whether the property will be registered as a joint tenancy or as tenants-in-common.

Attorney-at-law and adjunct lecturer at The University of the West Indies Kimberly L Taylor said, this decision is important because it has lasting legal as well as financial consequences during your life and upon your passing.

“If buying alone, there is no need for this consideration as you are deemed, sole owner. However, when buying property jointly, you have to know the difference between joint tenancy and tenants-in-common.

“You must put much thought into selecting the better option in how you will own property jointly, [because] there is no one-size-fits-all type of approach. The person investing in a property will have to decide, based on his or her situation — having considered the advantages and disadvantages of each ownership option — which option best serves their interest,” Taylor advised.

She explained that while joint tenants are similar to tenants-in-common in some ways, it is important that you and your co-buyer explore the specifics of each holding option.

In both joint tenancy and tenants-in-common, Taylor said each person has rights over the premises to occupy, lease, rent, and sell.

Whether you choose joint tenants or tenants-in-common, she said it is important to note that all owners have to sell when the time comes, as you alone can’t sell. The differences, she continued, are the points that owners should focus on in determining which package to select.

“With joint tenants, each party will own 100 per cent shares in the property. If one person dies, the remaining person automatically becomes the owner of the property. To have this done, upon the death of the person, an application to Note Death is done at the Office of Titles to remove the name of the deceased person, leaving the other owner. Estate Duties will also become payable to the Government if above the threshold,” Taylor explained.

She noted that author Sampson Owusu in Commonwealth Caribbean Land Law, 2007, outlines that under joint tenancy, every tenant (owner) is said to be “wholly entitled to the whole” of the land. Each owns the whole property, subject to the equal interest of the others. That is, to all intents and purposes, each joint tenant is in exactly the same position as any of the other joint tenants, with respect to the enjoyment of the land.

Another defining feature of the joint tenancy ownership, Taylor said, is that during the life of all owners, a will ought not to be made by any owner for this particular property because it will automatically go or devolve to the remaining owner. The last remaining owner, can, however, will it to whomever.

She pointed out that the joint tenancy holding title is most common — but not exclusive to, neither is it the only option — between husbands and wives. It is also fairly common among close family members, in general, because it allows the property to pass to the survivors without going through probate/letters of administration, which saves both time and money as an application to Note Death goes through a shorter process.

Tenants-in-common, on the other hand, is used most frequently by people who wish to make provisions for other individuals who are not on the title as co-owners, for example, people who are making an investment in a property for business purposes, but would later want family to benefit from their portion, or a situation where a parent is purchasing with one child but has three other children and would want to make provisions under a will for those other three children to benefit from his/her portion.

With this type of ownership, Taylor said that each party can own equal or unequal shares in the property, for instance 50:50, 30:30:40, 70:30, 40:60, or 25:25:50.

“Unlike, in the case of joint tenancy, during the life of each owner a will can and ought to be made by each person in relation to who is to get his/her portion of the property. If a will is done, then a probate application in the court would be done to settle the portion owned by the deceased person. If no will is done, then a letter of administration application will be done in the court to have the portion that belonged to the deceased person dealt with,” Taylor explained.

She said that Estate Duties are also payable to the Government if above the threshold, transmission is done at the Office of Titles into the name of the executor or the administrator, and then transferred to the beneficiary/beneficiaries as per the will or to the beneficiaries who should benefit under intestacy, which includes spouse and all children of the deceased. The beneficiaries and the existing co-owner will then all own the property together.

The attorney-at-law advised that in the case of tenants-in-common, it is important for you to make a will so that you determine who is to benefit from your portion of the property. This way you make provisions for your children, other family members or anyone you would have wished to otherwise benefit in the event that you should die, and also this prevents individuals who should not benefit, in your estimation, from doing so.

Taylor also gave an example for you to consider. She said if a man owns property as tenants-in-common with his wife, has one child with his wife, but had three children prior to marriage and wants to make provisions for the four children, then a better option for him might be tenants-in-common. However, he will now place his wife in a position of having these three children have a say in the property being owned jointly with his wife upon his death — which is indeed a tricky situation that needs much thought.

{"website":"website"}{"allwoman":"All Woman"}
0 Comments · Make a comment

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy
ALSO ON ALL WOMAN
By design: Dr Nastassia Tate’s five years of healing women, wholly
All Woman, Features
By design: Dr Nastassia Tate’s five years of healing women, wholly
September 28, 2026
SHE nearly quit. Midway through her obstetrics and gynaecology internship, grief-stricken after losing her father, Dr Nastassia Tate called her consul...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
He doesn’t believe in marriage
Advice, All Woman, Features
He doesn’t believe in marriage
Rev Chris Brodber 
September 28, 2026
COUNSELLOR, My babyfather recently told me that he has no intention of marrying me now or in the future, that he doesn’t believe in marriage, and that...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom hiding from dad’s paternity summons
All Woman, Features, Your Rights
Mom hiding from dad’s paternity summons
Margarette Macaulay 
September 28, 2026
DEAR MRS MACAULAY, I went to court for a declaration of paternity for a child I believe is mine, who was registered in another man’s name. The mother ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
5 signs a man doesn’t care anymore
All Woman, Features, Relationships
5 signs a man doesn’t care anymore
Marie BERBICK-BAILEY 
September 28, 2026
LET’S have an honest conversation. Sometimes the hardest thing to admit is not that a relationship is struggling, but that the man you love may no lon...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Meet Susan Peterkin: The hairstylist changing the conversation about black hair loss
All Woman, Features
Meet Susan Peterkin: The hairstylist changing the conversation about black hair loss
September 21, 2026
FROM Kingston to the United States, Susan Peterkin has spent more than 40 years building a career around natural hair, professional education and, inc...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
The prodigal husband returns
All Woman, Features, Your Rights
The prodigal husband returns
Margarette Macaulay 
September 21, 2026
Dear Mrs Macaulay, My husband ran off seven years ago without telling anyone where in the United States he was. I raised our children alone and assume...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
5 early signs your relationship won’t last
All Woman, Features, Relationships
5 early signs your relationship won’t last
Marie BERBICK-BAILEY 
September 21, 2026
LADIES, sometimes we know much earlier than we admit that a relationship is not going to work. We see the signs. We feel the discomfort. Our girlfrien...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Hubby’s health issues irritate wife
Advice, All Woman, Features
Hubby’s health issues irritate wife
Rev Chris Brodber 
September 21, 2026
Counsellor, My husband has diabetes, high blood pressure and prostate issues, which combined, make him unable to perform certain husbandly functions. ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
❮ ❯
Scroll
Polls
By design: Dr Nastassia Tate’s five years of healing women, wholly
All Woman, ...
By design: Dr Nastassia Tate’s five years of healing women, wholly
September 28, 2026
SHE nearly quit. Midway through her obstetrics and gynaecology internship, grief-stricken after losing her father, Dr Nastassia Tate called her consul...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
He doesn’t believe in marriage
Advice, ...
He doesn’t believe in marriage
Rev Chris Brodber 
September 28, 2026
COUNSELLOR, My babyfather recently told me that he has no intention of marrying me now or in the future, that he doesn’t believe in marriage, and that...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom hiding from dad’s paternity summons
All Woman, ...
Mom hiding from dad’s paternity summons
Margarette Macaulay 
September 28, 2026
DEAR MRS MACAULAY, I went to court for a declaration of paternity for a child I believe is mine, who was registered in another man’s name. The mother ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
5 signs a man doesn’t care anymore
All Woman, ...
5 signs a man doesn’t care anymore
Marie BERBICK-BAILEY 
September 28, 2026
LET’S have an honest conversation. Sometimes the hardest thing to admit is not that a relationship is struggling, but that the man you love may no lon...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Meet Susan Peterkin: The hairstylist changing the conversation about black hair loss
All Woman, ...
Meet Susan Peterkin: The hairstylist changing the conversation about black hair loss
September 21, 2026
FROM Kingston to the United States, Susan Peterkin has spent more than 40 years building a career around natural hair, professional education and, inc...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
Polls
Recent Posts
By design: Dr Nastassia Tate’s five years of healing women, wholly
All Woman, ...
By design: Dr Nastassia Tate’s five years of healing women, wholly
September 28, 2026
SHE nearly quit. Midway through her obstetrics and gynaecology internship, grief-stricken after losing her father, Dr Nastassia Tate called her consul...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
He doesn’t believe in marriage
Advice, ...
He doesn’t believe in marriage
Rev Chris Brodber 
September 28, 2026
COUNSELLOR, My babyfather recently told me that he has no intention of marrying me now or in the future, that he doesn’t believe in marriage, and that...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Mom hiding from dad’s paternity summons
All Woman, ...
Mom hiding from dad’s paternity summons
Margarette Macaulay 
September 28, 2026
DEAR MRS MACAULAY, I went to court for a declaration of paternity for a child I believe is mine, who was registered in another man’s name. The mother ...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
5 signs a man doesn’t care anymore
All Woman, ...
5 signs a man doesn’t care anymore
Marie BERBICK-BAILEY 
September 28, 2026
LET’S have an honest conversation. Sometimes the hardest thing to admit is not that a relationship is struggling, but that the man you love may no lon...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Meet Susan Peterkin: The hairstylist changing the conversation about black hair loss
All Woman, ...
Meet Susan Peterkin: The hairstylist changing the conversation about black hair loss
September 21, 2026
FROM Kingston to the United States, Susan Peterkin has spent more than 40 years building a career around natural hair, professional education and, inc...
{"xml":"xml"}{"allwoman":"All Woman", "jamaica-observer":"Jamaica Observer"}
Archives
All Woman
Jamaica Health, Beauty, Weddings &` Motherhood Stories for the Jamaican Woman.
Sections
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
  • Relationships
  • Features
  • Fashion
  • Health & Fitness
  • Your Rights
  • Parenting
  • Advice
Jamaica Observer, © All Rights Reserved