What does ‘sentimental value’ mean with regards the Division of Matrimonial Assets in Zimbabwe?

In terms of section 7(3) of the Matrimonial Causes Act [Chapter 5:13] (‘the Act’) the property of a spouse, which may have been acquired by that spouse, whether before or during the marriage, may be exempt from division, apportionment and distribution upon marriage, if one can prove to the satisfaction of the court, that the property has sentimental value.

It is important to highlight that the Act does not define the term ‘sentimental value’. However, the courts have held that the term ‘sentimental value’ refers to property in terms of which one places an emotional association, rather than a monetary value. More often than not, property that is of sentimental value, reminds one of a happy time in their life or of someone special or significant.

Movable and immovable might have sentimental value to that individual because it was given to him or her by someone they love or the property might have been acquired during an important time in their lives.

Thus, a house which one of the spouses grew up, and which belonged to his or her parents, is regarded as dear and having sentimental value. In one matter, the court determined that, a house which was inherited by a spouse holds sentimental value and is exempt from distribution upon divorce. The term sentimental value does not only relate to immovable assets, but it also deals with movable assets such as personalized works of art, jewelry and other collections or memorabilia. Thus any assets of either or both spouses which does not fall within the ambit of the exception may be considered in the division, apportionment and distribution of the assets as between the spouses in divorce proceedings.