The legal framework
Property is divided by reference to contribution, with courts recognising non-monetary contribution. The Succession (Amendment) Act 2022 modernised intestacy, increasing the surviving spouse's share and removing provisions that had been declared unconstitutional. 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
| Divorce | Contribution-based division, including non-monetary contribution |
|---|---|
| Intestacy | Reformed in 2022: larger share for the surviving spouse |
| Matrimonial home | Occupancy protections for the surviving spouse |
| Customary heirs | Recognised, with a largely ceremonial role after the reform |
| Wills | Permitted, subject to provision for dependants |
| Land | Spousal consent required for transactions on family land |
| Succession (Amendment) Act 2022 | Reformed the shares and strengthened the position of widows |
| Contribution | Courts recognise domestic contribution in dividing property on divorce |
| Land Act | Requires spousal consent for transactions in family land |
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.
- Ensure the family land is registered and that consent requirements are noted.
- Apply for letters of administration promptly after a death.
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 Land Act requires spousal consent for dealings in family land. Transactions without it are void, which is the most useful protection a spouse has.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database