Spousal consent through WhatsApp

My husband was out of town when a bank required spousal consent for a mortgage over our matrimonial home. The bank officer sent the documents through WhatsApp and I replied with a voice note saying ‘it is okay.’ I never physically signed anything. The bank now claims I gave valid consent. Is a WhatsApp message sufficient for spousal consent?

PK, Dar es Salaam

This situation raises an important issue regarding spousal rights in relation to a matrimonial home. Under the Law of Marriage Act [Cap. 29 R.E. 2023], a matrimonial home is recognised as a shared interest of both spouses, regardless of whose name the property is registered in, and the law gives special protection to such property. In addition, the Land Act [Cap. 113 R.E. 2023] specifically recognises that a mortgage over a matrimonial home cannot be created without spousal involvement, reflecting the need to protect the non-owning spouse from unilateral dealings.

In that context, while a WhatsApp message or voice note may suggest a general willingness, it raises questions as to whether it amounts to proper and informed consent for a transaction of this nature.

Transactions affecting land particularly a matrimonial home are ordinarily expected to be formally documented, clear, and verifiable. A financial institution is also expected to satisfy itself that such consent is genuine and properly obtained. Reliance on informal communication alone may, therefore, be open to challenge. In the circumstances described, there may be a basis to question whether valid spousal consent was obtained, though this will ultimately depend on the surrounding facts and evidence. It would be advisable to consult your lawyer for further guidance.