‘I am the man of the house, what I have you have. If I own it, you own it’. This is a familiar statement one will hear in common Kenyan households. Unfortunately, due to our predominantly patriarchal society, women in marriages are side-lined when acquiring property. This leaves them destitute upon divorce. However, the above should not be case.
The Constitution provides that parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.
Matrimonial Property Act
The Matrimonial Property Act of 2013 (“2013 Act”) recognizes that married women have the same rights as married men. This applies to both monogamous and polygamous marriages.
Most importantly it recognizes financial and non-financial contributions made by both spouses to buying and owning of matrimonial property and assets. Non-monetary contributions include:-
- domestic work and management of the matrimonial home,
- childcare,
- companionship,
- management of family business or property and
- farm work
It is important to note that women’s right to property does not diminish upon divorce. Women are entitled to their share of matrimonial property at the time of divorce. The 2013 Act defines matrimonial property as matrimonial home(s), household goods and effects in the matrimonial home(s). Any other immovable and movable property jointly owned and acquired during the subsistence of marriage is also matrimonial.
However, it is common for matrimonial property to be registered under one name. Usually the husband’s name is commonly used. What happens upon divorce? It is assumed in law that where matrimonial property is acquired during marriage in the name of one spouse, the said spouse is said to be holding the property for their benefit and the benefit of their spouse.
For more information or assistance, contact us on info@mmtklaw.com