Small Houses Cannot Inherit, Their Property Rights End When Man Dies: Legal Experts Say Married Women Can Take All Properties

Small Houses Have No Inheritance Rights In Zimbabwe

A bombshell legal clarification has confirmed that so-called “small houses” — partners in civil partnerships — have no inheritance rights when their partner dies. Legal experts say that once the man passes away, all property reverts to the legally married wife, leaving the “small house” with no claim to the estate.

The Grave Ends The Claim

The crucial difference between a civil partnership and a legal marriage comes after death. According to women’s rights advocate and legal practitioner Ms Fadzai Ruzive, civil partnerships may offer protection during separation, but those rights “end in the grave.”

Speaking at the official launch of the Together Help A Woman (THAW) organisation in Harare on Saturday, 25 October 2025, Ms Ruzive said:

“Women must know their rights in marital unions, be it customary marriage, civil partnership or civil marriage. Civil partnership is one of the common marital unions we have these days, and this normally works in terms of property sharing upon divorce or separation.

Even though the male partner is legally married, when they dissolve their civil partnership, both parties get their share since they contributed together. However, this does not extend beyond death. Civil partnership does not work when the male partner, in most cases, dies. The surviving spouse is the beneficiary of all the properties registered in the deceased’s name. There is no third party in this, including that other civil partner. She cannot claim anything.”

This means that even if the property was being used by the “small house,” it becomes part of the deceased’s estate upon the man’s death and must be distributed through legal channels.

What Happens To The Property?

Legal practitioner Miss Dorothy Tinotenda Mutungura of Maunga Maanda and Associates confirmed this legal position. She told The Manica Post that property held by a “small house” automatically forms part of the deceased’s estate and must be reported to the Master of the High Court.

“Upon the death of a man legally married under the Marriage Act [Chapter 5:17], all property belonging to him, including any held or possessed by a person with whom he was in an extramarital relationship, forms part of his deceased estate. Such property must be reported and distributed through the Master of the High Court in accordance with the Administration of Estates Act [Chapter 6:01].”

This legal framework ensures that inheritance follows formal procedures — with the executor appointed by the Master of the High Court administering the estate and ensuring the lawful spouse receives her due entitlement.

Exceptions For Children And Contributions

While the “small house” herself cannot inherit, her children with the deceased are legally protected. Miss Mutungura explained that:

“Courts have consistently recognised that children born out of such relationships are legitimate and entitled to inherit from their father’s estate, irrespective of their mother’s marital status.”

She added that in rare cases, a “small house” may claim part of a property — but only if she can prove a direct financial contribution.

“While the small house has no legal spousal rights, the courts have, in limited circumstances, acknowledged that she may have an equitable interest in property where she can demonstrate direct contribution towards its acquisition or improvement, or establish a joint venture or unjust enrichment claim.”

This means she must provide legal proof, such as payments for the property or renovations. However, such claims are complex and not guaranteed. Until the executor finalises distribution, all property remains part of the deceased’s estate.

Empowering Women Through Knowledge

During the THAW launch, founder Mrs Nicolette Kulera urged women to educate themselves about their legal standing to avoid devastating surprises after a partner’s death.

“It is sad that we have women who get the shock of their lives when confronted with such incidences. We must be aware of everything that relates to such legal matters, and this is the reason why THAW always tries to empower women on their rights.”

Legal experts say that knowing the difference between marriage, civil partnership, and cohabitation is essential for every woman, as these determine what happens when a partner dies.