| Marital property regime | | |
Exception: Pursuant Part II of The Family Property (Rights of Spouses) Act of 2003, each spouse shall be entitled to one-half share of the family home, regardless of the property regime that rules their marriage. What is the default marital property regime? | Separation of property | The Married Women's Property Act, Sec. 3
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Under the default regime, separation, each spouse retains administration of the property brought by each one to marriage, or acquired by each one during marriage.
Exception: Family Home - it is considered joint property and any transaction concerning such home shall require the consent of both.
spouses. Who legally administers joint marital property? | The original owner | Married Women's Property Act, Sec. 3
The Family Property (Rights of Spouses) Act, Sec. 6 and 8 |
Under the default regime, separation, each spouse retains administration of the property brought by each one to marriage, or acquired by each one during marriage. Exception is the Family Home - it is considered joint property .
In the case of dissolution of the marriage, who is entitled to ownership of the marital home? | Both spouses | The Family Property (Rights of Spouses) Act, Sec. 14 and 17(2)
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| Joint titling | | |
| For property acquired during the course of a marriage, is there a legal presumption of joint ownership between the husband and the wife? | No | No applicable provisions could be located.
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| Does joint titling of major assets (such as land or the marital home) exist for married couples? | Yes | The Family Property (Rights of Spouses) Act, Sec. II
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| If joint titling exists for married couples, is it the default for marital property? | No | The Family Property (Rights of Spouses) Act, Sec. II
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| Rights over moveable and immoveable property | | |
| Do unmarried men and unmarried women have equal ownership rights to moveable property? | Yes | The Constitution of Jamaica, Art. 13 and 16(c )
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| Do unmarried men and unmarried women have equal ownership rights to immoveable property? | Yes | The Constitution of Jamaica, Art. 13 and 16(c )
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| Do married men and married women have equal ownership rights to moveable property? | Yes | The Married Women's Property Act, Sec. 3
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| Do married men and married women have equal ownership rights to immoveable property? | Yes | The Married Women's Property Act, Sec. 3
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| Do sons and daughters have equal inheritance rights to moveable property from their parents? | Yes | Intestates Estates and Property Charges Act, Table of Distribution, Item I (d)(ii)
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| Do sons and daughters have equal inheritance rights to immoveable property from their parents? | Yes | Intestates Estates and Property Charges Act, Table of Distribution, Item I (d)(ii)
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| Do female and male surviving spouses have equal inheritance rights to moveable property? | Yes | Intestate Estates and Property Charges Act, Table of Distribution, Item I (d)(1)
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| Do female and male surviving spouses have equal inheritance rights to immoveable property? | Yes | Intestate Estates and Property Charges Act, Table of Distribution, Item I (d)(1)
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| In the case of the death of one of the spouses, does the surviving spouse, regardless of gender, have equal inheritance rights to the marital home? | Yes | Intestate Estates and Property Charges Act, Table of Distribution, Item I (d)(1)
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