Inquiring into spouses’ consent to mortgage a matrimonial home in mainland Tanzania: A critical analysis of the law and practice Mzumbe University

Loading...
Thumbnail Image

Date

2012

Authors

Journal Title

Journal ISSN

Volume Title

Publisher

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

Citation