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Wa_ithaka
#1 Posted : Wednesday, January 09, 2013 2:43:30 PM
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Is it true that there is now a requirement to get consent from your spouse whenever you are selling a piece of land even when the plot was acquired why you were still a batchelor?
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mkonomtupu
#2 Posted : Wednesday, January 09, 2013 3:21:32 PM
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you are required to get your spouse consent when you are seeking to mortgage your matrimonial home
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Wa_ithaka
#3 Posted : Wednesday, January 09, 2013 4:19:27 PM
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Mkonomtupu by name...
I was asking about land, tiri. Is there any requirement for spousal consent?
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GGK
#4 Posted : Wednesday, January 09, 2013 5:15:12 PM
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I thought this has always been there especially for land registered under cap 300 where transactions involving land go through District Land Boards
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CaptainGG
#5 Posted : Wednesday, January 09, 2013 5:44:42 PM
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Not a must coz not everyone has a spouse or even children. The land Control Board at times requires proof of ownership of another piece of land because some people sell matrimonial land then the family become squatters. The LCB process also applies to freehold land and not leasehold land. There is also what is referred to as special board which usually some kitu kidogo paid to the DO and your details are entered into the register of a past LCB session and the deal is closed.
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Bachuma Gate
#6 Posted : Thursday, January 10, 2013 9:25:35 AM
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Its a new requirement in the new constitution. It is in addition to the consent. Your spouse provides an affidavit which is drawn by a lawyer and says that she agrees that the land should be sold. If you dont have a spouse, you provide an affidavit to that effect.

You had better be in good terms with your spouse.
DOH
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Am
#7 Posted : Thursday, January 10, 2013 2:31:38 PM
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GGK wrote:
I thought this has always been there especially for land registered under cap 300 where transactions involving land go through District Land Boards


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Angelica _ann
#8 Posted : Thursday, January 10, 2013 5:55:52 PM
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Bachuma Gate wrote:
Its a new requirement in the new constitution. It is in addition to the consent. Your spouse provides an affidavit which is drawn by a lawyer and says that she agrees that the land should be sold. If you don't have a spouse, you provide an affidavit to that effect.

You had better be in good terms with your spouse.


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Wa_ithaka
#9 Posted : Thursday, January 10, 2013 6:20:02 PM
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Ok.
At least there are many lawyers who will still ignore it.
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carygoh
#10 Posted : Thursday, January 10, 2013 8:45:53 PM
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So how do they confirm you are married?
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Bachuma Gate
#11 Posted : Thursday, January 10, 2013 11:22:10 PM
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You can choose to state the true position or cheat. I am sure you know the legal consequences.
DOH
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