Wife deprived of wedding gift by husband

I was married in a massive wedding attended by more than 1,000 people. During the wedding ceremony, my father in law gifted us a beach plot. While we were still living together as husband and wife, I secured a loan which was used to build our mansion on that property. My husband is now claiming that both the plot and the house belong only to him because the land originally came from his father. He is insisting that I should leave the mansion so that he can stay there with his mistress and that I should go back home. What rights do I have under Tanzanian law?

EN, Dar es Salaam

Under Tanzanian law, you may have a legal interest in both the land and the house despite your husband’s claims. The fact that the plot was gifted during the wedding ceremony in the presence of many witnesses may support the position that the gift was intended for both spouses as a gift on their wedding day. In addition, the house was constructed using your loan and during the subsistence of the marriage, which is a strong evidence of contribution toward acquisition of matrimonial property. The Courts in Tanzania recognize both direct and indirect contributions made by spouses when determining ownership and division of matrimonial assets.

The established principle confirms that a spouse’s financial and non-financial contributions can create a beneficial interest in matrimonial property even where the property was originally acquired through the other spouse or his family. You should preserve all evidence relating to the wedding gift, your loan, construction expenses, and occupation of the home, and you may seek legal remedies to protect your interest and prevent unlawful eviction from the matrimonial home. Should you require further guidance, we recommend you consult your lawyer.