Introduction
Parties to an intended marriage may enter into an agreement before their marriage to determine their property rights. Such an agreement may be set aside by the Court if it is determined that the same was influenced by fraud, coercion, or is manifestly unjust.
Definition of Matrimonial Property
Matrimonial property includes the matrimonial home, household goods and effects in the matrimonial home(s), or any other immovable and movable property jointly owned and acquired during the marriage (Section 6(1) of the Act). Trust property, including property held in trust under customary law, does not form part of matrimonial property.
A matrimonial home is defined as property owned or leased by one or both spouses and occupied and utilized by the spouses as the family home.
Matrimonial Property Rights
Unless otherwise agreed, ownership of matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition. It shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.
Parties to an intended marriage may enter into an agreement before their marriage to determine their property rights. Such an agreement may be set aside by the Court if it is determined that the same was influenced by fraud, coercion, or is manifestly unjust.
Parties to a marriage have equal rights and obligations at the time of the marriage, during the marriage, and at the dissolution of the marriage (Article 45(3) of the Constitution & Section 4 of the Matrimonial Property Act).
If one spouse makes a contribution towards the improvement of property, whether acquired before or during the marriage, but the property acquired during the marriage does not become matrimonial property, then they acquire a beneficial interest in the property equal to the contribution made.
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Date: July 1st , 2024 Author: Matano Mary Ndzikwa