Your Rights to Matrimonial Property in Kenya
Are you married or divorced, but major assets obtained during the marriage are solely in your spouse’s name? Don’t worry – you may still have a rightful claim to those assets under Kenyan matrimonial property laws.
In Kenya, the law recognizes that both spouses have equal rights to matrimonial property, regardless of whether their contributions were financial or non-financial. The Matrimonial Property Act, 2013 defines matrimonial property as including the matrimonial home, household goods and effects, and other movable and immovable property jointly owned and acquired during the marriage.
What Constitutes Matrimonial Property?
Matrimonial property includes:
- The matrimonial home(s)
- Household goods and effects
- Other movable and immovable property jointly owned and acquired during the marriage
- Property that was acquired before the marriage but has been developed by the other spouse
Do You Have a Share, Even if the Property Isn’t in Your Name?
Absolutely! The law recognizes contributions beyond just financial ones. Here’s how your “non-financial” efforts can grant you a share:
- Domestic Work and Home Management: Taking care of the house, raising children, and managing the daily affairs of the family home are all valuable contributions.
- Childcare: The time and effort invested in raising children is a significant contribution to the well-being of the family unit.
- Companionship: A healthy and supportive marriage is essential for a thriving family. Emotional support and companionship are crucial contributions.
- Management of Family Business or Property: If you actively participated in running a family business or managing jointly owned property, that counts!
- Farm Work: Contributing to the success of a family farm is a recognized form of contribution under the law.
It’s important to note that a spouse is not automatically entitled to half of the matrimonial property upon divorce. The court will determine the percentage of contribution made by each spouse and divide the property accordingly.
What if the Property is in the Name of One Spouse?
Even if the property is in the name of one spouse, the other spouse may still have a claim to it if they contributed to its acquisition or improvement. This contribution can be financial or non-financial.
What if I Didn’t Contribute Financially?
If you didn’t contribute financially towards the acquisition of matrimonial property, you may still have a claim to it based on your non-financial contributions. The court will consider factors such as your role in managing the household, caring for children, and supporting your spouse’s career.
What if I’m Still Married?
If you’re still married and want to contribute to the acquisition or improvement of matrimonial property, it’s not too late. You can do so by engaging in domestic work, managing the household, participating in child care, and supporting your spouse’s career.
Conclusion
The Matrimonial Property Act, 2013 provides a clear legal framework for the division of matrimonial property in Kenya. It recognizes both financial and non-financial contributions made by spouses during the marriage. If you believe you have a claim to matrimonial property, it’s important to seek legal advice and take action to protect your rights.
Remember:
* The Matrimonial Property Act protects your rights as a spouse.
* Contribution goes beyond financial investment.
* Seek legal advice if you have questions about your share in matrimonial property.
Here are some additional points to keep in mind:
* The court has the discretion to decide how the property will be divided, considering factors like the duration of the marriage, the needs of any dependent children, and the length and value of each spouse’s contribution.
* Prenuptial agreements can be drafted to outline how property will be divided in case of divorce, but these agreements must be fair and entered into freely by both parties.
This article provides a general overview of matrimonial property rights in Kenya. It is not a substitute for legal advice. If you have specific questions about your situation, consult a qualified family lawyer.
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