Discovery after 12 years of marriage

I have been married for 12 years and have only recently discovered that my husband built a mansion and registered it in his sole name without informing me. Throughout our marriage, I have taken care of him more than even my children, managed our home, and raised our three children. My husband insists that the house belongs to him alone because he paid for it and registered it in his own name. I also suspect that he intends to marry another woman with whom he has been having a relationship. Can I file for divorce, and what rights do I have under the Law of Marriage Act regarding the house and my marriage?

WS, Tanga

Under the Law of Marriage Act, you may petition for divorce if you can establish that the marriage has broken down irreparably. The Court may consider factors such as adultery, cruelty, desertion, neglect, or any conduct showing that the marital relationship can no longer continue. If your husband is maintaining a relationship with another woman and intends to marry her, that conduct may be relevant evidence in demonstrating an irreparable breakdown of the marriage, depending on the facts and evidence available.

With respect to the mansion, the fact that it is registered solely in your husband’s name does not automatically deprive you of rights over the property. Under Tanzanian law, when dealing with matrimonial assets, the Court considers both direct and indirect contributions made by each spouse. Raising children, managing the household, caring for the family, and supporting a spouse’s ability to earn income are recognized as valuable contributions. Therefore, if the mansion was acquired or developed during the marriage and formed part of the family’s assets, you may claim an interest in the property even though your name does not appear on the title deed. Upon divorce, the Court has the power to determine each spouse’s share in matrimonial property based on the evidence of contributions and the circumstances of the case. You may also seek appropriate orders regarding custody, maintenance, and the division of matrimonial assets. Accordingly, your husband’s argument that the property belongs exclusively to him merely because it is registered in his name is not necessarily conclusive under the Law of Marriage.