The law Reformer Journal

Abstract

The Constitution, land laws, and marriage laws regulate ownership of real property among spouses. The Constitution guarantees the right to own property, while the Land Act specifies conditions permitting spouses to co-own land. The Law of Marriage Act (LMA) unifies and harmonizes existing multiple marriage regimes and recognizes all forms of marriage. However, the LMA is silent, and its provisions have notable challenges and/or are irrelevant in the distribution of co-owned real property upon divorce in monogamous and polygamous marriages. Likewise, there is a legal conundrum attached to provisions of the LMA, the Land Act, and the Land Registration Act. This article analyzes these challenges and concludes that the LMA has not been aligned with property laws. In this regard, it is irrelevant in the distribution of co-owned real property between spouses at the time of divorce. The article recommends the amendment of the LMA and its rules to accommodate the division of co-owned real property during divorce.