The Challenges of Spouse Consent in Protection of Unregistered Landed Property in Mortgage Transactions in Tanzania

This article examines the legal and practical challenges surrounding the requirement of spouse consent in mortgage transactions involving unregistered matrimonial land in Tanzania. Tanzanian land laws and the Law of Marriage Act attempt to protect spouses' interests in matrimonial properties, but their inconsistencies in the application and limitations posed by unregistered land have led to gaps in protection. Through a doctrinal approach, this article evaluates the historical evolution of land laws and marriage laws in Tanzania, analyses judicial interpretations, and reviews scholarly works. The study concludes that although significant reforms have been undertaken, the legal framework remains biased towards registered land, leaving spouses with interests in unregistered property vulnerable to dispossession. Recommendations are proposed to enhance the legal protection of matrimonial interests in both registered and unregistered land