Adding a spouse’s name to a title

Dear Mrs Macaulay,

My husband purchased land with the intention of building on it in the future. At the time of purchase, my name wasn’t added. Now he wants to add it. How do I go about doing so?

It is very good and fair that your husband has decided to do the right thing, in that he himself has decided to act rather than wait and have the law force him to do what he ought to have done at the date of the purchase of the property. However, as the saying goes, better late than never.

He probably realised that whatever he does or doesn’t do with the property, you would be entitled to claim a one-half interest in it. If he even tried to bring other people into having interest in it, any transfers could be vitiated upon your application. As long as these people knew that he was married to you, and that consequently you had your interest in the property, they would not be innocent third parties in any transactions which would result in your interest being diminished.

And, even if he sells it, he would have to pay you your one-half share of the proceeds. In addition, he cannot leave the property to anyone in his will — he can only leave his own one-half share. So clearly the best thing to do is to make sure that you are either a joint registered owner with him of the property, or that you both become equal registered tenants-in-common in it, so that no application needs be made under the Property (Rights of Spouses) Act to force him to do it.

You have asked how you can go about becoming a registered owner with your husband, and it is not a difficult process. You both must discuss and decide how you wish to hold your interests — joint,or as tenants-in-common before proceeding.

As joint tenants, you would hold the whole property together and when one of you dies, the whole property will pass to the survivor. As tenants-in-common, if no proportions are stated in the transfer deed, you would each hold a 50 per cent interest each, which can be designated, for instance, “the north part to you and the south part to him”. This would be your respective properties which you control, and which you could sell or leave to whomever, each of you chooses, because your holdings as tenants-in-common are separate.

You say the land was purchased with the intention of developing it in the future; this is clearly for the future enrichment or comfort for the family. In this case, you and your husband ought to veer and decide that you ought to hold your interest as joint tenants. This one generally advises ownership of properties by spouses and fathers, mothers and their children. It is the easiest means of passing the property to the survivor by the noting of the death of the other party on the title. As tenants-in-common, when one party dies, the other must go through the process of probate, if the share was disposed of in his or her last will and testament. If it was not dealt with in a will, then an application for the estate of the deceased to be administered would have to be done for letters of administration to be granted to one or two administrators as applicable.

When you and you husband have agreed how you want to hold your interests in the property, then your husband, as he solely is now the owner registered, has to start the action. You should both get an attorney, since you would be ad idem (of the same mind and agreed), who can prepare the transfer deed and statutory declaration for your husband to transfer the interest in the property from him alone to you and he both, as joint tenants (which I suggest)! Then you both will sign the transfer deed, and have it contain full descriptions of you both with your stuff as man and wife, and if the property is for your family home, say so.

So please speak with you husband so that you can both act on this. You need an attorney-at-law to assist you to do the transfer correctly. So you must proceed as soon as possible. Never drag your feet with matters of this kind.

I hope I have explained the situation clearly enough for you and your husband to move ahead.

All the very best to you both.

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.