Who owns what in a marriage in Jamaica?

Each spouse owns what is in their own name, but under Jamaica's Property (Rights of Spouses) Act the family home is shared equally on divorce, and other property is divided fairly by contribution.

The court divides the property fairly on divorce, looking at each spouse's contribution, which in many countries includes unpaid work at home and in the family business.

A couple can generally sign an agreement about their property before or during the marriage, and the courts will look at whether it is fair.

Property from before the marriage, gifts and inheritances generally stay personal.

The country has its own rules on which law governs a marriage and its property. Get local advice if one spouse is a foreigner, if the couple live abroad, or if the marriage was celebrated under religious or customary law.

• In many island countries, especially in the Pacific, family land is held under customary tenure and follows custom rather than the marriage statute.

Jamaica belongs to the Common law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Jamaica legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Jamaica? →

• JuriGlobe, University of Ottawa: world legal systems
• World Bank: Women, Business and the Law (country data on marriage and property)