Why Zambian Spouses Should Think About Jointly Owning Land

The couples who are legally married can own land jointly by tenancy by the entirety.

Why Zambian Spouses Should Think About Jointly Owning Land

Tisimbenji Phiri


Owning land is not as difficult and complicated as most see it, it doesn't always require one to have millions to have his/ her own land. Spouses can each contribute an amount and legally own property.

Couples who are legally married can own land jointly by tenancy by the entirety. This aggrement allows a husband and wife to own land and share equal rights on the land.

In this agreement, spouses are treated as a single legal entity and mutually own the property. The land is always important.

This agreement creates a right of survivorship, thus when one spouse dies then the full title of the property automatically passes to the surviving spouse.

Tenancy in its entirety is good because it helps couples attain their goals,co-jointly develop the place, Sense of responsibility, and dedication to the couple's commitment.

Achievement to couple goals;

Mrs. Mwale of Kabanana township explained how beneficial and important it is to have land owned by a husband and wife, she said it helps a lot in cases where family members tend to grab properties from the deceased's family because legally the land automatically becomes for the surviving spouse.

She further said, despite being a widow she is grateful that her husband and she developed the property together and that their children will be left with a home.

"I encourage my fellow woman to also consider the idea of jointly owning land with their spouses, this will benefit not only the two parties involved in the ownership but also the children and other dependents," she said.

An agent in the real estate business Mrs Kalungwana of Kabangwe township said,

"There is no subdivision that separates the property into equal parts between the spouse, so if one spouse writes a will that grants an interest stake in the property to an heir, the power and right of tenancy by the entirety invalidates and supersedes that aspect of the will".

She further explained that this agreement can only be terminated under three circumstances,i.e when a couple divorces if a couple mutually agrees to end the agreement and when one of the spouses dies.

The Zambian government should consider embracing this agreement in the Constitution because insurance and safety are always the first priority for everyone dealing with the real estate business.

This agreement will encourage many couples to have a Sense of responsibility and a feeling of belongingness. It motivates spouses to cooperate and work together in everything they do.

In this agreement, creditors cannot enforce a lien (a security interest or a right to keep possession of the property) on any property that falls under a tenancy by the entirety if only one spouse owns the debt.

Since there is an equal share in the property, each must inform the other before selling or developing the land, without any doubt,a husband and wife can own land jointly with equal rights and 50/50 permission to inhabit and use the property freely.

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