In Zimbabwe, if a couple is legally married under the Marriages Act, a spouse whose name is not on the house title deed has no legal claim to the property until they divorce. This means a husband can't stop his wife from selling a house in her name only, and vice versa, especially if no divorce involving property division has started. However, the court may step in if the sale is fake or meant to hurt the other spouse's rights.
To block a spouse from selling marital property, you must prove they are selling it for less than it's worth, to a bad person, or just to spite you. You need evidence the sale is a sham or only being done to undermine your fair claim. Generally, though, in Zimbabwe, a spouse can sell a marital home in their name alone without the other's okay.
However, if both spouses' names are on the title deed, they jointly own the property. In that case, it can't be sold without both agreeing. The Supreme Court confirmed in Ishemunyoro v Ishemunyoro that if spouses are listed as co-owners on a deed, they each fully own an equal share. The court said those shares are property rights that can't easily be messed with.
To block a spouse from selling marital property, you must prove they are selling it for less than it's worth, to a bad person, or just to spite you. You need evidence the sale is a sham or only being done to undermine your fair claim. Generally, though, in Zimbabwe, a spouse can sell a marital home in their name alone without the other's okay.
However, if both spouses' names are on the title deed, they jointly own the property. In that case, it can't be sold without both agreeing. The Supreme Court confirmed in Ishemunyoro v Ishemunyoro that if spouses are listed as co-owners on a deed, they each fully own an equal share. The court said those shares are property rights that can't easily be messed with.
