Mortgage of matrimonial home refers to the use of a home in which a married couple have interests in to secure a loan. This proceeds from the increasing willingness of banking and other financial institutions to advance loans to potential borrowers and the ever-increasing demand of people to borrow money from such institutions through the mortgage business. Such a transaction comes in with a multitude obligation on both sides.
This article, thus, probes the legal obligations involved in such transactions and then considers the challenges that exist in both the creation and administration of mortgages of matrimonial homes in Tanzania. The choice of the theme is instigated by the author’s awareness of the challenges that face parties to mortgage transactions. The study takes the approach of reviewing literature and the laws and the practice. The study finds that despite the good intentions of the mortgage sector, some legal requirements to be observed and processes to be followed in executing mortgage transaction are cumbersome. It is an appeal from the author that the relevant state organs should revisit and improve problematic mortgage laws in the country so as to get rid of the problem. Among others, this piece suggests that consent of the spouse required by the law should not only be of the one living in the matrimonial home but any legally recognizable.
There being a push to develop strong and efficient mortgage finance in the country so it is hoped that this article will trigger the necessary positive changes in the identified problematic areas on the aspect of the relevant laws in Tanzania.
