Co-ownership of a house in Zimbabwe

In Zimbabwe as in other countries, joint owners are also known as co-owners. All co-owners of property in Zimbabwe are entitled to a share in the whole of the property. In Zimbabwe once a house is jointly registered with the Deeds Registry the implication is that each party holds a 50% stake in the house. This means that each co-owner of a house in Zimbabwe has the right to a share in the entire property and one co-owner cannot prevent another co-owner from using the joint property in proportion to his or her undivided share.

Every co-owner of a house in Zimbabwe has the right to freely alienate his or her share without consultation with the other co-owner(s). see Chayitara v Kanokanga & Another 2021 (1) ZLR 170 (H). The concept of co-ownership of a house in Zimbabwe is what lays the foundation for equality in sharing unless the facts and circumstances of the case dictate otherwise.

Thus, in Zimbabwe where two persons own a house in undivided shares the rebuttable presumption is that they own it in equal shares. That presumption is further strengthened particularly when the persons are married to each other at the time the house is acquired. see Lafontant v Kennedy 2000 (2) ZLR 280 (S).