Assessment of the Protection of Matrimonial Property Rights of Non-divorcing Co-wives in Tanzania

Polygamous marriages being among the forms of marriage accepted in most of African countries include Tanzania, where Tanzanian Laws permits a husband during subsistence of marriage to marry another woman or woman. The practice is alive and kicking as with roughly one-fourth of its women involved in polygamous marriages.<br><br>That being the case, the Law of Marriage Act, [Cap 29 R.E 2019] appreciates existence of polygamous marriages and the law does not only appreciate existence of polygamous marriage but also proprietary rights of co-wives subsisting under one husband, by stating that no wife in a polygamous marriage possesses a superior position in matrimonial properties than any other wife. Explicitly, under the Law of Marriage Act all co-wives have equal rights and obligations while they are married.<br><br>Under the Law of Marriage Act there is no specific provision of law which protects interests of co-wives in case one of the wives petitions for a divorce. It is argued that no guard has been mounted to protect the rights of the remaining wives in case of divorce petition by one of the wives because the same law that states co-wives has same property rights is the same law that blocks the remaining co wives from being joined as co-respondents in divorce petitions.. The study was conducted through field study at Dar es Salaam, within Ilala and Temeke Districts. <br><br>The study incorporated both literature review and field research through gathering relevant information from women and men under polygamous marriages, legal practitioners, Women rights associations and other relevant respondents. Data collection employed oral interviews and questionnaire methods. The field study is backed up by a sample of 36 respondents whom were acquired randomly. The study arrived to a conclusion that, the Law of Marriage Act [Cap. 29 of 2019] makes wives under polygamous marriages to lose their matrimonial property rights as the law itself is inadequate in respect of circumstances where one of the wives petitions for divorce. <br><br>Where it is recommended that the law should be amended to cover properly divorces under polygamous marriages also awareness programmes should be mounted to make wives aware of their property rights