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The issue of property rights in marriage has hogged the limelight for a long period.
In Zimbabwe all marriages are presumed to be out of community of property and this basically means that whatever property acquired during the subsistence of the marriage is not subject to joint ownership and belongs to that party upon whose name it is registered.
Parties to a marriage may however enter into what is known as an ante-nuptial contract where they can clearly spell out any terms and conditions in respect of the matrimonial property.
The challenges particularly manifest in respect of immovable properties which include houses and residential stands. More often than not, situations arise where residential properties acquired during marriage are registered in the name of one spouse; invariably the husband.
This applies even where both parties have equally contributed financially or otherwise to the acquisition of the property. At law, a person’s ownership of immovable property is evidenced by registration. An owner acquires what are known as real rights thus has power over the property which include disposing the property through means such as sale, pledge, mortgage and donation.
A lot of cases have been brought before the courts where one spouse would have disposed or mortgaged matrimonial property registered in that spouse’s name.
The judicial call has been for a change in law. Indeed the need is repeated here. The Constitution of Zimbabwe provides for equality and non-discrimination and this includes the equal treatment of women and men (Section 56).