Wife shopping on my credit
I am married and recently had an argument with my wife about household expenses. I told her that she spends too much and that I would not give her any more money until next month. To my surprise, she went to a supermarket where I am well known and bought food and other household necessities on credit, telling them to put everything on my account because I am her husband. The supermarket has now called me demanding payment. I never authorized these purchases and told them that if they trusted my wife, they should collect their money from her. My wife is laughing and says I should read the Law of Marriage Act before refusing to pay. Is this legally right?
JN, Arusha
Section 64 of the Law of Marriage Act, provides that, subject to certain conditions, a wife is presumed to have authority to pledge her husband’s credit, borrow money in his name, use his money in her possession or control and even convert his movable property into money, so far as this is required to purchase necessaries for herself and the children of the marriage appropriate to the husband’s means and way of life.
However, this is not an unlimited shopping licence. The presumption applies only in circumstances specified by the Act, including where the spouses are living together and certain situations involving separation, desertion or failure to pay agreed maintenance. The husband may also rebut the presumption by showing, amongst other things, that the wife already had sufficient maintenance or means, already had enough of the goods purchased, or that the purchases were excessive or extravagant having regard to his means. Therefore, whether you are liable will depend on what she purchased and the surrounding circumstances. Ordinary food and genuine household necessities are quite different from using your name to acquire expensive handbags or jewellery.

