Division of property obtained through adultery

I have petitioned the Court for divorce and division of matrimonial properties because I suspect my wife has had an extramarital affair with another man she met when she went abroad for studies. There are properties which she acquired when she was abroad pursuing studies. Initially she claimed those properties were given to her as gifts by her friends but I have recently discovered that the properties were given to her by this man. In this petition, can I include these properties my wife acquired from an adulterous association with another man as part of matrimonial properties jointly acquired during the subsistence of our marriage?
AL, Tabora

As a general rule, marriage does not disentitle one spouse from having a property in exclusion of another. A property acquired in the name of one spouse is presumed to belong to that spouse unless the presumption is rebutted. However, a property acquired during marriage by joint effort is a matrimonial asset that belongs to both spouses and liable to be distributed to both spouses upon divorce.

The High Court of Tanzania in a recent case has widened the scope of matrimonial assets to cover even a property acquired by adultery during marriage. The Court was of the view that when it is proved that a party who cheated, obtained advantage in the process while the other party maintained the family at that time, the accruing benefit is nothing but a matrimonial property because the efforts the honest party puts in caring for the family is enough contribution towards acquisition of that property. Based on that reasoning, the Court awarded half of the value of the property obtained through adultery to the honest party. If this decision isn’t overturned, the Court can order the division of the properties acquired by your wife through adultery if at the time of the acquisition of those property you were taking care of the family.