Protection of Third Parties’ Interest in Real Property During the Division of Matrimonial Property in Mainland Tanzania
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Date
2024-03
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Publisher
Law Reform Commission of 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.
Sustainable Development Goals
This journal article was published by the Law Reform Commission of Tanzania Volume. 5 | Issue No. 1 | 2024
Keywords
Polygamous marriage, third-party interest, real property, division of matrimonial property