Yes to divorce, wife to get nothing

I have a wife, and we’ve had three children together—all boys. For about four years now, my wife and I have not been getting along well. She has changed a lot—she has become excessively alcoholic and is having children outside of our marriage. I even went to the parish priest to try to help her change, but it didn’t work. Now, I want to divorce her. We currently own two houses and two plots of land that we acquired during our marriage. However, one of the houses was already built (only the roofing remained) when she married me. I would like to understand what the law says about the division of property when a couple divorces. Also, if I transfer all the properties to our children’s names before I begin the divorce process, will it be possible for her not to claim any of them and for everything to remain under the children’s names?
JM, Dodoma

Matters of divorce are governed by the Law of Marriage Act, Cap. 29 [R.E. 2019] (LMA). Under the LMA, property acquired during the marriage is subject to equitable distribution upon divorce. Courts consider factors such as each spouse’s contributions (financial or non-financial), the welfare of children, and the circumstances leading to the divorce when determining how assets are divided. Since the properties you mentioned were acquired during the marriage, they are legally deemed matrimonial assets. However, the house that was partially built before the marriage may be treated differently, depending on whether your wife contributed to its completion. The Court will assess each spouse’s contributions before making its decision. Beware that even if your wife did not contribute financially, non-financial contributions (such as managing the household or raising children) will be considered. Courts aim for a fair distribution, meaning she may still be entitled to a portion of the assets regardless.

Transferring assets to your children before divorce may not prevent your wife from claiming the assets. Courts can invalidate transfers made with the intent to deny a spouse their rightful share. If the transfer is deemed fraudulent or intended to defeat matrimonial property claims, the Court will likely reverse it. Consult your lawyer for further guidance.