Feline Mhangami and Abel Mhangami had two disputed properties in their divorce. The first property was a home Abel purchased for his mother, owned in his name. The second property was the couple’s matrimonial home where they raised their children, owned in both of their names. The court found that Feline was not entitled to any interest in the first property, but she was entitled to 50% of the share of their matrimonial home.
In May 2022, the Marriages Act Chapter 5:15 was passed, legally equating customary law marriages and civil partnerships to civil law marriages. It is common in Zimbabwe for couples to live together and start families without legally registering their union; however, prior to the enactment of Chapter 5:15, this practice had serious implications. Only those in recognized civil marriages had the ability to inherit and share property, putting women at particular risk for destitution if their marriage ended. Now, under Chapter 5:15, those part of a customary law marriage and civil partnership have the right to divide and inherit property should their relationship terminate.
The judgment issued in Mhangami signifies substantial progress in recognizing domestic activities as valuable contributions to the home. Women are often responsible for housekeeping and child-rearing tasks, meaning they have less availability to work outside the home. While women who primarily stay at home may not earn as much as their partners, their contributions to the family are no less important. By finding the wife entitled to an equitable share of the marital home based on her domestic contributions, the court not only set a progressive new precedent for dividing marital assets but took a step in furthering gender equality as well.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
