Below is a story that is not uncommon in Jamaica but still very interesting. The concern of this reader: 'AR' is carried in full so that readers may get a sense of the passion of this woman as she tells her story. Here it is:

"Hi, sir, good morning to you. I saw your legal information in the paper and would like for you to give me some information please. I am living with my child's father in a house that is in the name of his first 'baby mother'. They have not been together for about 10 years and she had already moved out and was living with another man when I came to live here. The place was in a bad condition so I helped him to fix it up then we added a flat to the house. Also they were having their problems before we got together and she wrote a letter to say that she no longer wants any thing to do with this house and that she wants her name to be taken off the house sign.

She wants him to die

But now she is having a problem with my living here and putting the addition on the house, so now she is saying she wants him to die. Then I will have to move out because the house is hers. But he has 8 children in all, including hers and my own. I want to know what are my rights? And my children's father wanted to borrow some money on the house but they told him she has to sign the papers too. He would like to know if that is true.

Thank you so very much hoping to hear from you very soon."

There are so many things that we don't know despite the relatively long story from 'AR'. For instance, we could reasonably presume that there is a registered title and in the name of the child's father and the first 'baby mother', with their names endorsed thereon as joint tenants. We could presume joint tenancy because the first 'baby mother' spoke about death and her owning the property after death. In joint tenancy, if the child's father dies, the property would be owned by the first 'baby mother', but in light of what was told in the story above a paper signed by both parties, along with the conduct of the parties, a court could rule that the tenancy was severed, and thus converted into tenancy in common. The court would have to look seriously at the note signed by both parties and the fact that one of the parties moved out of the premises. This might be a powerful piece of evidence that the joint tenancy was severed, but the first baby mother might still have an interest in the premises but as tenant in common. Should this be so, even after death the children (beneficiary) of the 'baby father' could ask the court to make a ruling in the matter to give them a half share in the house. If the first 'baby mother' dies before the 'baby father', her children (beneficiary) would be entitled to do the same.

It is true that where two or more person's names are on title, one of those persons cannot sign to borrow money from any financial institution without the signature and/or consent of the other. Therefore, both the first 'baby mother' and the 'baby father' must sign documents to borrow money from the bank or any institution of their choice. In addition, the financial institution might require that the lady receive independent legal advice.

'AR' also wants to know about rights in this situation. She indicated that she assisted with repairs to the house and the addition of a flat. Subject to any despite between 'AR' and the 'baby father', her interest would be to the extent of any contribution in the repairs and the construction of the flat.

At this stage, it would not be a bad idea for all the parties to consult a lawyer and work out their respective interest in the property. I am sure the matter can be resolved without any further argument.

Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com.