Divorce does not only mark the end of a marital relationship, but it also raises important legal questions regarding the distribution of property acquired before or during the marriage. In Tanzania, the division of matrimonial assets after divorce is principally governed by Section 114the Law of Marriage Act (Cap. 29 R.E. 2023) which empowers courts to distribute property between spouses according to the circumstances of each case and the contribution made by either party.
One of the most debated issues arises where property was acquired by one spouse before marriage but was later developed, improved, or maintained through the joint efforts of both spouses during the marriage. In such situations, courts do not merely consider legal ownership or whose name appears on the title deed. Instead, they examine the direct and indirect contributions made by each party toward the development and preservation of the property.
Contribution may include financial support, domestic services, supervision of construction, care of the family, or any effort that facilitated the acquisition or development of the property. Consequently, even where one spouse initially acquired the property before marriage, the other spouse may still be entitled to a share if evidence shows meaningful contribution during the marriage. This discusses how the court determine the division of property acquired before marriage but developed during marriage, with particular reference to Section 114 and judicial reasoning from decided cases of ‘’ Hawa Sefu Hemedi vs Mohamedi Lilama Abdala (PC Civil Appeal No. 8015 of 2025) [2026] TZHC 381 (18February 2026)
’’ The distribution is justified by the fact that the respondent acquired the farm before the marriage; however, the appellant subsequently joined the respondent and contributed to the development of it. With respect to the matrimonial houses, the distribution should be determined in accordance with the respective contributions of the parties, the court go further and distribute the given properties while considering the contribution of each pro perty in the given properties and state that, ‘’There is undisputed evidence by the appellant that she acquired it before the marriage, but it was developed after the marriage’’
The Law of Marriage Act gives courts discretionary power to divide matrimonial property between spouses after divorce, separation, or annulment of marriage. The provision requires the court to consider the customs of the community, the extent of contributions made by each party in money, property, or work towards the acquisition of the assets, and any debts incurred for the joint benefit of the parties.
The purpose of this provision is to ensure fairness and equity between spouses. The law recognizes that marriage is a partnership in which both parties may contribute in different ways toward the welfare of the family and the development of property.
The court shall have regard to the customs of the community to which the patties belong. Section 114the Law of Marriage Act (Cap. 29 R.E. 2023) does not require equal division of property in every case. Instead, courts aim at equitable distribution based on the facts and circumstances of each case.
For example, where one spouse acquired property before marriage but both parties contributed to its development afterward, the court may award different percentages depending on the evidence of contribution. In the cited case, the appellant was awarded 70% of the value of the house because evidence showed that she acquired it before marriage, and the other party given 30% of that property since it was further developed after marriage.
Therefore, fairness and contribution remain the guiding considerations in determining the appropriate share of each spouse.
Section 114the Law of Marriage Act (Cap. 29 R.E. 2023) reflects the principle that marriage is a partnership in which both spouses may contribute in different but valuable ways. In determining the division of property after divorce, courts aim to achieve justice by considering the realities of the parties’ lives and their respective efforts during the marriage. Consequently, property acquired before marriage may still become subject to division where subsequent development or improvement was made through joint contribution. This judicial approach promotes equity, protects the interests of both spouses, and ensures that contribution, whether direct or indirect, is given proper legal recognition.
Antonia J. Ndutu is a junior associate currently training at Darstate Attorneys. She is passionate about learning and professional growth, with a strong interest in law in general. Antonia is dedicated to building her skills and gaining practical experience across different areas of legal practice. She aspires to develop into a versatile and competent lawyer in the future.
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