Consent by Spouse to Charge

Consent by Spouse to Charge

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This is a form or document filled and signed by a spouse acquiescing to a charge being placed on matrimonial property.
It is envisioned under Section 12 of the Matrimonial Property Act which provides that an interest in matrimonial property should not be alienated without the consent of both spouses.
It is also required by banks or credit facilities when one is using matrimonial property as security for a loan or financing.

Matrimonial property is defined as:

  1. Matrimonial Home(s) – which is any interest in land that is owned or leased by one or both spouses and occupied by the spouses as their family home.
  2. Any interest in land acquired by a spouse or spouses during the subsistence of a
    marriage.

If matrimonial property acquired during subsistence of a marriage is in the name of one spouse, it’s presumed that the property is held in trust for the other spouse; and If it’s in the name of both spouses there is a presumption that their beneficial interests in the matrimonial property are equal.
The consent is in the form of an affidavit and must be sworn before a commissioner for oaths.This is then submitted together with the charge to the Lands registrar for registration.

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