Inquiring into spouses’ consent to mortgage a matrimonial home in mainland Tanzania: A critical analysis of the law and practice Mzumbe University
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Date
2012
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Mzumbe University
Abstract
This study examined the law and practice of inquiring into spouse’s genuine and
informed consent to mortgage a matrimonial home in Tanzania mainland. The study
focused mainly on bankers and their practices in advancing a loan facility on the
security of a matrimonial home.
The study was conducted in Morogoro and Dar es Salaam regions in which a survey
design was adopted. Random and purposive sampling technique was employed, a
sample of 50 respondents was considered in the study. Questionnaires and
unstructured interviews were used in soliciting for primary data while secondary
data was obtained through review of various documents, both local and
international. Descriptive statistical method was used to summarise data obtained,
and in the end, data was presented descriptively using percentages so as to reflect
the reality of the law and practice of obtaining a spouse’s free, genuine and informed
consent to mortgage a matrimonial home in Tanzania mainland.
The study reveals that the laws in Tanzania are quite clear on how a spouse’s
consent is to be obtained; the problem is on the practice of bankers doing business in
Tanzania. Currently, bankers are only concerned with obtaining a spouse’s signature
on a standardised consent form. They are not bothered to inquire on how such
signature was obtained. Whether the spouse received an independent advice, or was
forced to sign, or there was undue influence, or misrepresentation, forgery of
signature and the like is not within the ambit of practices of our banks.
In the end, the study recommends that banks should adopt standard reasonable
procedures in inquiring into spouse’s genuine and informed consent to mortgage a
matrimonial home. Banks should also make use of independent advice to spouses
and acknowledgement of an advocate that a spouse have been informed and
consented to mortgage a matrimonial home. Banks should further be cautioisS in
keeping all the records regarding the inquiry of a spouse’s genuine and informed
consent to mortgage a matrimonial home rather than relying on the consent form
alone.
Description
Dissertation
Keywords
Mzumbe University, Law practice inquiring, Matrimonial home, Spouses’ consent mortgage