In Zimbabwe, a spouse can sell the marital home or any other real estate registered solely in their name without the other spouse's permission, even if it's part of the joint marital estate. The law says that a husband or wife who isn't named on the title deed has no legal claim to that property until they divorce, according to the ruling in Muswere v Makanza & Others.
There are a few exceptions where a court might block the sale of marital property. The spouse trying to stop the sale must prove that the selling spouse is acting in bad faith by selling the property below market value to an unscrupulous buyer or just to undermine the other spouse's legitimate interests. They need evidence showing the transaction is bogus or solely aimed at thwarting their rightful claim.
Barring these limited circumstances, either spouse in Zimbabwe can independently sell a marital residence that's titled exclusively in their name. The lack of both names on the deed means the non-titled spouse cannot legally object to the sale before a divorce case begins. This holds regardless of whether the home is considered joint marital property by the couple.
There are a few exceptions where a court might block the sale of marital property. The spouse trying to stop the sale must prove that the selling spouse is acting in bad faith by selling the property below market value to an unscrupulous buyer or just to undermine the other spouse's legitimate interests. They need evidence showing the transaction is bogus or solely aimed at thwarting their rightful claim.
Barring these limited circumstances, either spouse in Zimbabwe can independently sell a marital residence that's titled exclusively in their name. The lack of both names on the deed means the non-titled spouse cannot legally object to the sale before a divorce case begins. This holds regardless of whether the home is considered joint marital property by the couple.
