It is a common situation in Grenada: a Grenadian who has lived abroad returns home with a foreign spouse, or a foreign national marries a Grenadian and the couple decide to buy land together. One partner can buy freely as a citizen; the other is an alien under the Aliens (Land Holding Regulation) Act.
The question of how to title the land is often made quickly, sometimes on the advice of a friend who suggests simply putting it in the Grenadian partner's name and skipping the licence. That can work out, but it can also leave the foreign spouse with no legal interest in a home they paid for, which matters greatly if the marriage ends or the Grenadian spouse dies.
This article sets out the main options and their consequences. Marriage, property and inheritance law interact in ways that depend on individual circumstances, so the couple should get advice from a Grenadian attorney, ideally together, before signing a sale agreement.
Marriage does not change citizenship automatically
The first point to settle is status. Marrying a Grenadian does not, on its own, make the foreign spouse a citizen. Grenadian law provides routes by which spouses of citizens may apply for citizenship, generally after meeting certain requirements, but until citizenship is granted the foreign spouse remains an alien for land purposes.
Some couples decide to wait for the foreign spouse's citizenship before buying, so that both can hold land as citizens without a licence. Whether that makes sense depends on how long the application is likely to take, the couple's plans and whether a suitable plot is available now. The relevant government office or an attorney can explain the current route and requirements.
If waiting is not practical, the couple must choose how to hold the land with the foreign spouse still an alien. There are three broad approaches, each with different implications for the licence, for the couple's rights and for what happens on death.
The main titling options
Sole name of the Grenadian spouse. The citizen buys alone, and no licence is needed. It is the simplest and cheapest route at purchase, but the foreign spouse has no registered interest in the land. Their position then depends on marriage and property law, any agreement between the couple and, on death, the Grenadian spouse's will.
Joint ownership as joint tenants. Both spouses hold the whole property together, and on the death of one the survivor automatically takes the whole. Because the foreign spouse becomes an owner, a licence is likely to be needed for their interest.
Joint ownership as tenants in common. Each spouse holds a defined share, which passes under their own will or intestacy rules on death rather than automatically to the survivor. A licence would again be relevant for the foreign spouse's share.
Sole name of the foreign spouse. Rarely sensible where a citizen spouse could buy, since it brings the full licence requirement for no obvious benefit.
The licence for a mixed-nationality couple
Where the foreign spouse takes a legal interest, the licence process applies in the usual way: an application through the attorney after the sale agreement is signed, supporting documents for the foreign spouse, a waiting period and a fee commonly stated as 10% of value. How the fee is assessed where only one co-owner is an alien, for example whether it relates to the whole property or the alien's share, is a question for the attorney at the outset, because it affects the budget.
Applications from couples where one partner is Grenadian are a familiar situation for attorneys and officials, and the marriage, settled residence and family ties may help present the application. They do not, however, remove the need for a complete file, including the foreign spouse's police certificate, references and passport.
If the foreign spouse later becomes a citizen, the position going forward changes, but the title and any licence granted at purchase remain part of the property's history. Keep all documents with the deed.
Why sole-name titles carry real risk
Putting land in the Grenadian spouse's name alone saves the licence fee, but the foreign spouse should understand what they are giving up. They are not a registered owner. If the Grenadian spouse dies without a will, the land passes under intestacy rules, which may give shares to children or other relatives as well as the surviving spouse. If there is a will, its terms decide. In either case the foreign spouse may need to obtain a licence before inherited land can be transferred into their name.
If the marriage breaks down, the foreign spouse's claim to the property would generally be dealt with through the courts under family and property law, rather than by simple reference to the title. That can be slow, costly and uncertain, particularly if the foreign spouse has returned to their home country.
Families and the wider community can also take the view that land in a Grenadian's name is family land, which can make things harder for a foreign widow or widower in practice, even where the law supports them. None of this means sole-name ownership is wrong; for many couples it works well. It means the choice should be made deliberately, with wills and perhaps a written agreement in place.
Questions to settle before you sign
Work through these with your attorney before the sale agreement is drafted, since the agreement must name the buyers:
- Is the foreign spouse eligible for citizenship, and how long would it take?
- Who is contributing the money, and in what proportions?
- If one spouse dies, who should inherit the land: the survivor, children, or others?
- Is a joint tenancy or tenancy in common more suitable for the family's situation?
- What would the licence cost for the foreign spouse's interest, and how long would it take?
- If the land is in one name only, what written agreement and wills will protect the other spouse?
- Are there children from earlier relationships whose interests need considering?
- Will the couple live in Grenada full time, part of the year or mainly abroad, and does that change what makes sense?
- Who will hold the original deed and licence, and where will copies be kept so the surviving spouse can find them?
Mistakes mixed-nationality couples make
These come up often enough that every couple should check they are avoiding them:
- Putting land in the Grenadian spouse's name to save the fee, with no will and no written agreement.
- Assuming the foreign spouse will automatically inherit the land.
- Choosing joint tenancy without realising it overrides wills on the first death.
- Forgetting that a foreign spouse inheriting land may still need a licence.
- Leaving the decision to the seller's attorney rather than taking independent advice as a couple.
- Not updating wills after the purchase or after the foreign spouse becomes a citizen.
- Relying on wills made in another country without checking how they will be treated for Grenadian land.
- Keeping the purchase paperwork in only one spouse's possession, so the other cannot prove contributions later.
Wills and paperwork that protect both spouses
Whatever titling option a couple chooses, wills are the single most useful protection. Each spouse should have a will that deals expressly with the Grenadian land, prepared or reviewed by a Grenadian attorney so that it works under local law. A will made abroad may be recognised, but proving it in Grenada can add time and cost, and its wording may not fit Grenadian property law neatly.
Where the land is in the Grenadian spouse's name alone, the couple may also consider a written agreement recording the foreign spouse's financial contribution. Its effect depends on the circumstances and on how a court would view it, so take advice on what form it should take.
Keep a clear record of who paid what: bank transfers for the purchase price, the licence fee if any, construction payments and improvements. If a dispute ever arises, through death, separation or a claim by relatives, evidence of contributions carries weight. Store originals safely in Grenada and copies abroad, and make sure both spouses know where to find them.
Frequently asked questions
Can a Grenadian buy land and put it in their foreign spouse's name too?
Yes, but the foreign spouse becoming a registered owner generally brings the Alien Landholding Licence into play for their interest. The couple should ask their attorney how the licence and fee would apply to a joint purchase before deciding how to title the land.
Does marrying a Grenadian make a foreigner a citizen?
Not automatically. Spouses of Grenadian citizens may be able to apply for citizenship after meeting the requirements, but until citizenship is granted the foreign spouse remains an alien for land purposes. The relevant government office or an attorney can explain the current process.
What happens to land in a Grenadian spouse's name if they die?
It passes under their will, or under intestacy rules if there is no will, which may include children and other relatives as well as the spouse. A foreign spouse who inherits may need a licence before the land is transferred. A will is strongly recommended.
What is the difference between joint tenancy and tenancy in common?
Under a joint tenancy, both owners hold the whole property and the survivor takes everything automatically on the first death. Under a tenancy in common, each owner holds a share that passes under their own will or intestacy. A Grenadian attorney can explain which suits a family.
Should a couple wait for citizenship before buying?
It can save the licence fee, but citizenship applications take time and the right plot may not wait. Couples should weigh the likely timeline against their plans. Some buy in the citizen spouse's name with protective wills and agreements, then review the title later with advice.
