Joint Tenancy and Jamaican Land Titles
Published by Whyte Law. About our legal guides
When one joint tenant dies the property passes to the survivor, and the Will does not reach it, however clearly it says otherwise. Whether that is what the owners wanted is a question most never ask when the title is drawn.
A reader writes: "My mother and her sister bought a house in Ocho Rios together. My mother's Will leaves her half to me. She has died, and my aunt's attorney says the whole house is now my aunt's and the Will makes no difference. How can that be?"
It can be because the sisters were registered as joint tenants, and joint tenancy is doing exactly what it is designed to do. Whether it is what the sisters wanted is another question, and one they never asked when the title was drawn.
Two ways to own together
Joint tenants own the whole property together, with a right of survivorship. When one dies, the property passes to the one still living. It does not pass under the Will, however clearly the Will says otherwise, while another joint tenant survives. The death still has to be recorded on the title at the National Land Agency.
Tenants in common each own a share of their own, equal or unequal. When a tenant in common dies, that share goes into the estate and passes under the Will, usually through a grant from the court. The choice between the two is a choice about who ends up with the property when one owner dies. A Will cannot override survivorship while the joint tenancy stands.
| Joint Tenancy | Tenancy in Common | |
|---|---|---|
| Shares | Owners hold the whole together, no separate shares. | Each owner holds a defined share (equal or unequal). |
| On death | Survivorship: the deceased’s interest passes automatically to the surviving owner(s). | The deceased’s share passes under their Will or on intestacy, probate is required. |
| Probate needed? | No, a death certificate and an Application to Note Death update the title. | Yes, a Grant of Probate or Letters of Administration is needed for the share. |
| Can you leave it in a Will? | No, survivorship overrides the Will while the joint tenancy stands. | Yes, the share is part of your estate. |
| Severance | Can be severed during life, converting it to a tenancy in common. | Not applicable, already held in shares. |
What the register says, not what the family remembers
Who paid the deposit and who keeps the duplicate title in a drawer prove nothing about how the land is held. The register does, and your attorney searches it before any change is planned.
Changing owners while everyone is alive
A living owner's interest changes only through a transfer registered on the title, after the tax on that transaction has been assessed. That covers adding an owner, moving a share and severing a joint tenancy so that each owner holds a share of their own. Nobody is simply taken off. One owner cannot have a living co-owner removed from the title by asking: the person leaving signs a transfer, or a court order supports the change. A separation, or a change in who pays the mortgage, does not alter the register.
Where the property is mortgaged, the lender's written requirements come first. Leaving the title and being released from the loan are two separate things, and a person who comes off the title and assumes the debt went with them has usually assumed wrong. Our article on adding or removing an owner from a title goes through it in more detail. A transfer to a relative for natural love and affection still carries transfer tax, stamp duty and registration fees; our article on gifting land in Jamaica explains.
When an owner dies
What happens next depends entirely on the tenancy on the register. For a joint tenant, the death is recorded on the title with the death certificate. For a tenant in common or a sole owner, the person administering the estate applies with the grant from the court. The two are not interchangeable, and the wrong one comes back. An owner abroad can sign where they live, in the way that document and that country require, or through a Power of Attorney stamped and deposited at the Office of Titles first.
Bring the title and the death certificate to the first meeting and tell us who was meant to end up with the house, and we will tell you what the register actually does with it.
Questions readers ask
Frequently Asked Questions
Can a joint tenant leave their share by Will?+
Not while the joint tenancy stands and another joint tenant is alive. The survivor takes the property and the Will does not reach it. Severing the joint tenancy during life changes that.
Can I take another owner off the title without their signature?+
Not by asking the National Land Agency. The outgoing owner signs a transfer, or a court order supports the change. Nothing less alters the register.
If I come off the title am I off the mortgage?+
No. Ownership of the land and liability on the loan are separate. The lender has to agree in writing to any release, and until it does the debt stays yours.
What happens when a joint tenant dies?+
The property passes to the surviving joint tenant. The death still has to be recorded on the title at the National Land Agency.
Personal guidance
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This is general information, not legal advice. Outcomes depend on the facts of each case.
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