Justice. Equity. Fairness.
Justice. Equity. Fairness.
The Property (Rights of Spouses) Act became the law of Jamaica on April 1, 2006. The biggest change for which this bit of legislation owes credit is the presumption that each spouse has a 50% interest in the family home, regardless of whether both or only one name is registered on the title for the property. Under this Act a common law spouse is treated in the same way as a spouse pursuant to a marriage however for such unions to qualify for protection the union must be between a single man and a single woman living together continuously for a period of at least five years.
The Court should now find it much easier to settle property disputes between spouses in respect of the family home. Hitherto it was necessary to embark on an artificial determination of the common intention of the parties as at the time of acquision which invariably was challenging since a happy couple very rarely express such intentions when purchasing a family or matrimonial home. To solve this the learned Judges would look at the respective contributions and from that derive the intention. Of course such an approach often led to some unfairness since the party with the greater financial backing very often would end up with the lion's share.
A party who wishes to avail himself/herself of the benefits of the Act must file the application within 12 months of separation or ending of the marriage. Additionally a caveat can be lodged against the title for the Family Home preventing any disposal without first notifying the Applicant.
The 50:50 presumption can be displaced in certain circumstances such as where the home was inherited by one spouse or where the marriage was of a short duration
An Act to give certainty to the Title to estates in land, and to facilitate the proof thereof, and also to render dealings with land more simple and less expensive.
An Act to facilitate the subdivision of land in strata and the disposition of titles, and for matters incidental thereto or connected therewith.
An act to make provision for the licensing, regulation and control of persons engaged as dealers or salesmen in real estate dealings; the regulation of dealings in land in development schemes; and for matters related thereto or connected therewith.
An act to restrict the rents of certain premises and the right to recover possession of such premises during the present emergency and for one year thereafter.
An act to provide for the discharge, modification and interpretation of restrictive covenants affecting Land, and for other matters connected therewith.
An act to govern the subdivision of land throughout Jamaica.
The 2018 Building Act took effect on 15 January 2019 repeals the Kingston and St. Andrew Building Act and the Parish Councils Building Act. In essence, it seeks to discourage new squatter settlements from being built, promote sustainable development, and establish and enforce internationally accepted building standards and rules for individuals and entities providing construction material and services.