The legal framework
The Property (Rights of Spouses) Act gives each spouse — including a qualifying common-law spouse of five years — an equal share in the family home, with other property divided by contribution. The Intestates' Estates and Property Charges Act governs intestacy. Across these jurisdictions, the decisive practical questions are the same: was the marriage registered, whose name is on the title, and is there a will?
Key points
| Family home | Equal share presumed for each spouse |
|---|---|
| Other property | Divided according to contribution |
| Common-law spouses | Qualify after five years of cohabitation |
| Intestacy | Defined shares for spouse and children |
| Time limits | Applications must be made within statutory periods after separation or death |
| Estate tax | Transfer tax applies on estates above a threshold |
| Intestates' Estates Act | Fixed shares for spouse and children |
| Twelve-month deadline | Applications under the property Act must be timely |
In practice
- Register the marriage and the title to property: these two documents decide most disputes.
- Record contributions to any asset, including labour and materials.
- Make a will and lodge it where it can be found.
- Where customary practices threaten a widow's position, the constitutional protections are real and enforceable — legal aid organisations litigate these cases regularly.
- Bring property claims within twelve months of divorce or of the end of cohabitation.
- Keep evidence of contributions to property other than the family home.
Cost and coverage
Registration and wills are cheap; estate litigation is not, and delays can leave a family without access to property for years.
Recent changes
The shared regional trend is statutory protection of the surviving spouse against customary disinheritance, reinforced by constitutional rulings.
Where to go
- National registrar of lands and deeds.
- Probate registry or administrator general.
- Legal aid schemes, law clinics and women's rights organisations.
Worth knowing
Property grabbing from widows remains common across the region despite the law being clear. Acting quickly — securing the title documents and reporting interference — matters more than the eventual court case. The equal-share presumption covers only the family home. Everything else has to be proved, which is where most claims fail.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database