Polygamy

Whether against the law or not, polygamy is common in many countries. The issue for titling and registration is whose name is captured on the title(s)? What about for multiple plots? When polygamy is practiced, legislating against it can mean that one or more wives has no marital rights or property rights in the marriage.

In Benin, prior to 2004, polygamous marriages were legal. The status of these marriages after the law outlawing polygamy was passed in 2004 is unclear, leaving women in these relationships with an unclear marital status, which can, and often does, result in insecure land tenure. In 2006, two years after polygamy was made illegal, according to the DHS, 42.3% of women aged 15-49 reported that they were in a polygamous relationship.

As a starting place, if polygamy is outlawed, the law needs to state clearly that it does not apply to polygamous marriages that occurred prior to passage of the law (when it would have been lawful).

In Rwanda and Ethiopia, polygamous marriages created difficulties during the land certification process. In Rwanda, subsequent wives were registered separately on their separate plots. Similarly, in Oromia, Ethiopia, wives were registered on separate plots, but in that case the husband was registered on each of his wives’ plots as well. Both of these examples are positive for women’s property rights.