Analysis of Legal Conundrums in Division of Co-owned Real Property Following Divorce in Tanzania

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dc.creatorJangu, Luckness
dc.date2025-05-08T06:29:16Z
dc.date2025-05-08T06:29:16Z
dc.date2024-03
dc.date.accessioned2025-06-23T21:25:44Z
dc.descriptionThis research article was published by the Law Reform Commission of Tanzania Volume 5, March 2024
dc.descriptionOwnership of real property among spouses is regulated by the Constitution, land and marriage laws. The Constitution guarantees the right to own property while the Land Act specifies conditions permitting spouses to co-own land. The Law of Marriage Act (LMA) unifies and harmonizes existing multiple regimes of marriage and recognizes all forms marriages. However, the LMA is silent, and its provisions have notable challenges and or irrelevant in the distribution of co-owned real property upon divorce in monogamous and polygamous marriages. Likewise, there is a legal conundrum attached to provisions of the LMA, the Land Act and the Land Registration Act. This Article analyses these challenges and concludes that the LMA has not been aligned with property laws. In this regard, it is irrelevant in the distribution of co-owned real property between spouses at the time of divorce. The Article recommends for the amendment of the LMA and its rules to accommodate division of co-owned real property during divorce.
dc.formatapplication/pdf
dc.identifierhttps://dspace.nm-aist.ac.tz/handle/20.500.12479/3151
dc.identifier.urihttp://repository.costech.or.tz/handle/20.500.14732/95833
dc.languageen
dc.publisherLaw Reform Commission of Tanzania
dc.subjectCo-ownership of land
dc.subjectdivorce
dc.subjectdivision of real matrimonial property
dc.subjectTanzania
dc.titleAnalysis of Legal Conundrums in Division of Co-owned Real Property Following Divorce in Tanzania
dc.typeArticle

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