Details for ‘A roof over my head’ The rights of a civil marriage wife under family law to the matrimonial home registered in the sole name of her husband

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Name:‘A roof over my head’ The rights of a civil marriage wife under family law to the matrimonial home registered in the sole name of her husband
Description:

This essay looks at the current law of property in Zimbabwe and, by analysing a number of cases, assesses how it has affected women in civil marriages. The comprehensive and individualistic right of ownership over property conferred by the law is in conflict with the reality in marriage where two people merge their wealth generation capacities for mutual benefit. It has been common for property to be registered in the husband’s name and on the death of a spouse or on divorce, the wife has some rights to the property she has helped to acquire and maintain. However, the situation of a civil law wife within a marriage is far from ideal and is certainly in contravention of the international human rights legislation that Zimbabwe is party to. The current law does not take into account the gendered aspects of property acquisition and, consequently, the wife has no official right to participate in any decisions relating to the matrimonial property. The author suggests that this law, which has long been described as outdated and anomalous, needs to be changed by introducing the in community of property regime into the standard marriage contract or by introducing specific legislation to deal more equitably with the matrimonial home.

By Emilia Muchawa

Filename:‘A roof over my head’ The rights of a civil marriage wife under family law to the matrimonial home registered in the sole name of her husband .pdf
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Created On: 12/03/2012 06:02
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Last updated on: 12/03/2012 06:03
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