There is a legal requirement under S.39 of the Land Act for spousal consent to be obtained before any dealings in matrimonial property. This is because the law guarantees the spouse a right to have access to, and live on family land hence the spouse has a right to give or withhold his or her consent to any such transaction.
Therefore any sell, exchange, mortgage, lease or transfer of family land in the absence of written spousal consent is restricted under the law. Any dealing in such land without spousal consent is a nullity and subsequently, whatever follows is unlawful.
The remedy to a spouse whose consent has not been sought before any dealing in marital/family property is to make an application to Court to set aside the transaction.
There is a legal requirement under **S.39 of the Land Act** for spousal consent to be obtained before any dealings in matrimonial property. This is because the law guarantees the spouse a right to have access to, and live on family land hence the spouse has a right to give or withhold his or her consent to any such transaction.
Therefore any sell, exchange, mortgage, lease or transfer of family land in the absence of written spousal consent is restricted under the law. Any dealing in such land without spousal consent is a nullity and subsequently, whatever follows is unlawful.
The remedy to a spouse whose consent has not been sought before any dealing in marital/family property is to make an application to Court to set aside the transaction.