INTRODUCTION
In Tanzania, Matrimonial property division is a critical aspect of divorce proceedings. It involves the division of assets acquired during marriage when couples separate. This process can be emotionally taxing, and it is important for both parties to understand the legal framework to ensure a fair and equitable outcome. In Tanzania, the division of matrimonial property is governed by a dual legal system that includes both customary and statutory law. The primary legislation governing registered marriages is the Law of Marriage Act, [Cap 29 R.E. 2022] (the “Act”) which provides guidelines for how matrimonial property should be divided upon divorce or separation.
DIVISION OF MATRIMONIAL PROPERTY UNDER THE LAW OF MARRIAGE ACT
Section 114(1) of the Law of Marriage Act gives courts the power to order the division of any assets acquired through the joint efforts of both parties during the marriage. This includes the sale of assets and the division of proceeds. However, the Act does not prescribe an automatic 50/50 split of all marital assets. Under Section 114(2) and (3), the court considers several factors when determining how to divide property:
- Customs: The traditions of the community to which the couple belongs may influence the division.
- Contributions: The contributions made by each party in terms of money, property or labour toward the acquisition of assets.
- Debts: Any joint debts incurred during the marriage.
- Children’s Needs: The welfare of any minor children from the marriage.
Additionally, assets owned by one party before the marriage but significantly improved by the other party or through joint efforts are also considered marital property under this section.
A key element in property division is the interpretation of “joint efforts.” This includes direct financial contributions as well as non-monetary efforts such as household labour. The courts have consistently upheld that both forms of contribution are valid when determining each party’s share.
CONCLUSION
Dividing matrimonial property is an essential part of the divorce process in Tanzania. The Law of Marriage Act provides a clear framework, but the specifics of each case such as contributions, debts and children’s needs can significantly influence the final decision. Couples should seek legal guidance and remain transparent throughout the process to ensure a fair outcome.
DISCLAIMER
This guide is intended for informational purposes only and should not be construed as legal advice. For specific legal guidance, please consult us at info@gerpatsolutions.co.tz , +255 742 826 955. You can also visit our website for more Articles at www.gerpatsolutions.co.tz .
