Protection of Third Parties’ Interest in Real Property During the Division of Matrimonial Property in Mainland Tanzania

Abstract

The article specifically assesses the overlooked phenomenon of protection of third- party interest in real property during the division of matrimonial property after divorce in polygamous marriages under the Law of Marriage Act (LMA). The article is inspired by the Constitution of the United Republic of Tanzania and the Land Act which provides the right to property of every person and the protection of such property by the law and that any interest in land has value which should be considered during any disposition of property. Data for the article was obtained through doctrinal and comparative legal methodologies. It is noted that the laws regulating the division of matrimonial property at the time of divorce fall short in the protection of the third party’s interest in real property at the time of the division of real matrimonial property. It is concluded that the LMA should be amended to accord the right to third parties to defend their interest in real property during the division of such property after divorce by enacting relevant provisions to that effect.