The Legal Complexities of the Relief in Division of Matrimonial Real Property upon Divorce in Mainland Tanzania: Lessons from Kenya

Abstract

The Law of Marriage Act, 2019 provides two main reliefs on the division of matrimonial property to spouses during divorce: The division of the property or the sale of property and distribution of proceeds. Division or sale of the property and the distribution of proceeds of the sale affects divorcing and non-divorcing spouses in polygamous marriages. Non-divorcing spouses can prevent the execution of a valid decree since their contribution or interest in the property was not considered during divorce proceedings. Courts are restricted to these reliefs since the Law of Marriage Act lacks other reliefs which take into consideration the convolutions of polygamous marriage and the intricacies of real property in the division. This article examines the legal complexities of reliefs in the division of matrimonial real property in polygamous marriages. The article uses doctrinal and comparative methodologies, exploring Kenya's reliefs during the division of matrimonial property to inform potential reforms in Mainland Tanzania’s legal framework. The article asserts that the reliefs in section 114 of the Law of Marriage Act are insufficient to address the challenges of property division in polygamous divorce. The Article advocates for comprehensive legal reforms on reliefs to address the unique dynamics of polygamous marriages.