Kuna haja ya kugawana nusu kwa nusu baada ya talaka??

[Pdidy]

Wana ndugu embu tusaidiane kwa hili
kuna watu wengi wanapoteza haki zao bila kujua
kama mnavyojua kuna wanaume wengi wanaoa kwa malengo fulani labda mwenzio ana pesa zaidi yake sasa mwingine anafikiri kwa sababu ya ndoa anaweza kula kona na kutarajia nusu mali...sasa kwa wenye kujua sheria za ndoa za kugawana mali embu tuwasaidie wengine hil jamani
jumamosi njema

 

[FirstLady1]

du hapa ngoja kwanza narudi hili swala ni nyeti sana mama mia

 

[Mfamaji]

Mama Mia avator yako ni very creative . Inamaana hiyo train itapitiza ? Yaani.Ngoja tuone mwisho.

 

[Fugwe]

Avatar ya MA'100 maana yake, wembamba wa train, engine kubwa inapita (nionavyo mimi)

Thread ya Mama Mia mbona wanaJf hamuijadili??????????????Hata mimi nasubiri kwa hamu

 

[Kimey]

Avatar ya MA'100 maana yake, wembamba wa train, engine kubwa inapita (nionavyo mimi)

Thread ya Mama Mia mbona wanaJf hamuijadili??????????????Hata mimi nasubiri kwa hamu

Hapo kwenye nyekundu ingesomeka Reli!! ila ngoja niende kwenye ile thread ya Avatar yako inamaanisha nn!! nadhani Ma' 100 atakua ameelezea!

 

[WomanOfSubstance]

Kisheria, hakuna kitu kinaitwa kugawana 50/50 au nusu nusu.
Wengi wanapotosha dhana nzima ya kugawana mali.Busara ya sheria ni kutoa haki kufuatana na mchango wa wahusika katika kuchuma mali ili wanapoamua kuachana kila mtu aondoke na jasho lake.Huwezi kumkuta mtu na mali zake ukadhani utagawiwa nusu/nusu au huwezi kumgeuza mwenzio hausigel/(hausiboi kama wapo)
akutunzie nyumba na watoto na wewe mwenyewe ili uweze kutoka kutafuta mali halafu siku ya siku umpige kibuti bila chochote.Hii ni kwa uchache tu.

 

[Kimey]

Kuna report moja niliiisoma ya tume kuhusu marekebisho ya Sheria hii kwa ufupi sehemu ilisomeka ivi.....

SEPARATE PROPERTY SYSTEM
Property ownership in the Law of Marriage Act, 1971 is based upon the
concept of Aseparate ownership of property@ between spouses. Section
58 provides:
ASubject to the provisions of section 59 and to any agreement
to the contrary that the parties may make, a marriage shall not
operate to change the ownership of any property to which
either the husband or the wife may be entitled or to prevent
either the husband or the wife from acquiring, holding and
disposing of any property.@
1.3 Section 59 of the LMA, 71 provides for special provisions relating to
matrimonial home. It prohibits a spouse having title to the matrimonial
home to alienate the same, while the marriage subsist without the
consent of the other. It also guarantees the interests of the non-owning
spouse of the matrimonial home.
1.4 Section 108(b) provides that, any agreement as to division of
matrimonial assets (including matrimonial home) under section 58

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must be fair to both parties.
1.5 Separate ownership of property between spouses was first introduced
into our legal system during the unification process of the law in 1969
when the Government made its proposals in Government Paper No. 1
of 196. Paragraph 19 provides that:
AMoreover, the proposed law should provide expressly that
either spouse may own his or her own separate property which
he or she owned before marriage or acquired after marriage.@
1.6 This concept, popularly known as Aseparate property system@
presupposes that whatever property, husband or wife had acquired
before and after marriage remain his or her own property absolutely.
As far as ownership of such property is concerned marriage changes
nothing.
1.7 On the other hand section 60 of LMA, 71 provides that: Awhere during
the subsistence of marriage, any property is acquired:
(a) in the name of the husband or of the wife, there shall
be a rebuttable presumption that the property belongs
absolutely to that person, to the exclusion of his or her
spouse;
(b) in the names of the husband and wife jointly, there
shall be a rebuttable presumption that their beneficial
interests therein are equal.@
1.8 This provision (S. 60 LMA, 71) presupposes that, during subsistence of
the marriage the spouses would each hold some sort of a Areceipt@ for
his or her property. In real life this is not the case, especially where the
wife is full time housewife with no other independent source of income.
1.9 In England the Aseparate property system@ was introduced by the
Married Woman=s Property Act of 1882. The system was introduced to
remedy the evils of the then existing Common law system of Aunity of
property@, whereby upon marriage, a husband acquired by law all his
wife=s personal property as well as her income. Also, then husband
enjoyed, at least for the duration of the marriage, certain rights in and
control over her real property.
1.10 This concept was deliberately introduced into our legal system to cure
or rectify similar mischief which, before the Law of Marriage Act, 1971
was entrenched in local customs and traditions.
1.11 After introduction of this system of property ownership in England
many other countries such as Jamaica, Australia, New Zealand, Canada
and many other Commonwealth countries have tried this system long
before Tanzania did. Most of these countries have found this system

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faulty in practice and have set themselves out to change it completely
or continue with a modified system.
1.12 The following are some of the criticisms levelled against the system:
1.12.1 The law on separate property does not provide
adequate and fair solution to the property disputes
between spouses because it is primarily concerned
with the ownership of individual items of property. In
many cases it is difficult to prove contribution to a
specific property or improvements to the property
without record. In the environment of subsistence
economy in a rural setting things are worse.
1.12.2 The law does not recognise housewifely efforts, care of
the home and family as economic activities enough to
be counted as contributing to acquisition of family
assets within the ambit of the law.
1.13 Our position in this problem, especially when it comes to division of
family assets is no better than those of other common law jurisdictions

where separate property system operates.

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Jamaa wakaja na hizi recommendations!​

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[FONT=PalatinoLinotype,Bold][FONT=PalatinoLinotype,Bold]
3.0 RECOMMENDATIONS FOR REFORM

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3.1 Since 1971 there have been many changes in the country as well as in
the world. There have been major constitutional changes in the
country, i.e. a Bill of Rights and Duties has been introduced whereby
one may go to court to enforce those rights when they are infringed.
This Bill of Rights emphasises the whole question of individual
freedom, equality and justice. Section 12(1) of the Constitution,
guarantees equality of all persons and section 13(1) and (2) provide
that:
A(1) All persons are equal before the law and are entitled,
without any discrimination, to equal opportunity
before and protection of the law.@
(2) Subject to this Constitution, no legislative authority in
the United Republic shall make any provision in any
law that is discriminatory either of itself or in its
effect.@
3.2 Also there have been developments in judicial interpretation of section
114 of the LMA, 71 as contained in BI HAWA=s Case. In addition to
these improvements in the law, there have been drastic socio-economic
changes in the international arena as well. A number of Conventions
and declarations on Human Rights have been introduced and some of
which we are signatories. Recently Tanzania has ratified a 1979 U.N.
AConvention on the Elimination of All Forms of Discrimination
Against Women.@ A convention which sets minimum standards for
equal treatment and non-discrimination of women in all spheres of
social, economic and political life. Also Tanzania has ratified a UN
convention on the Rights of the Child. As members of the UN system
and signatories of these Human Rights Conventions and Declarations
we are duty bound to observe the terms of these instruments.
3.3 It is our considered opinion that these developments have to some
extent affected our law on property relations between husband and
wife. Taking these developments into account the Commission makes
the following recommendations:
3.3.1 That the separate property system as contained in section 58 of
the LMA, 71 should remain as part of our legal system.
3.3.2 That all the property acquired during the substistance of the
marriage by joint efforts of the spouses should be treated as
jointly owned by them.

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3.3.3 When the court considers the issue of division of family assets
when the marriage breaks down in accordance with section
114(1) of the LMA, 71 the husband and wife will each be
entitled to an equitable share of the value of those assets. The
Court may take into account any wastage of development of
the assets. Thus section 114(2)(1) of the LMA, 71 should be
deleted and sub-section 2(b) is to be amended to include
wifely-duties of a house-wife as contribution enough to entitle
her to a share of the family assets when the marriage breaks
down.
3.3.4 It is the opinion of the Commission that sub-section 28 of
section 114 has to be deleted from section 114 and the issue of
infant children is to be dealt under section 125 of the LMA, 71

dealing with the issue of custody and maintenance of children.

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[/FONT][/FONT]Sasa sijua haya mapendekezo yalishafanyiwa kazi au La!!