Kenya Act or statute

Parliament of Kenya

Matrimonial Property Act

Jurisdiction: Kenya
Structure: 19 provisions
Citation: Cap. 152
Dates: As at 31 Dec 2022

More statute details

Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This Act may be cited as the Matrimonial Property Act.”

This Act may be cited as the Matrimonial Property Act. Defines "domestic work and management of the matrimonial home." A person who professes the Islamic faith may be governed by Islamic law in all matters relating to matrimonial property. Spouses have equal status to acquire, administer, hold, control, use and dispose of property, whether movable or immovable. A person's interest in property acquired or inherited before marriage does not form part of the matrimonial property, subject to section 6.

How the instrument operates

01
Start with the recorded version

As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

PRELIMINARY - 1. Short title

This Act may be cited as the Matrimonial Property Act.

Section 1

MATRIMONIAL PROPERTY - 10. Spousal liability

Liabilities a spouse incurred before marriage that relate to property remain that spouse's liability after marriage; reasonably and justifiably incurred liabilities become equally shared if the property becomes matrimonial property unless the spouses agree…

Section 10

MATRIMONIAL PROPERTY - 7. Ownership of matrimonial property

Ownership of matrimonial property belongs to the spouses according to each spouse's contribution and is to be divided between them if they divorce or their marriage is dissolved.

Section 7

SEPARATE PROPERTY - 15. Gifts between spouses

If one spouse gifts property to the other during the marriage, there is a rebuttable presumption that the recipient owns it absolutely.

Section 15

JURISDICTION AND PROCEDURE - 19. Cessation of application of Married Women Property Act

The Married Women Property Act shall cease to extend to or apply in Kenya.

Section 19

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 31 Dec 2022

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 19 of 19 provisions

Provision 17Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Matrimonial Property Act.

Section 1. Short title Section This Act may be cited as the Matrimonial Property Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines "domestic work and management of the matrimonial home."

Section 2. Interpretation Section domestic work and management of the matrimonial home;

Section 2Verify source

Part II

GENERAL PROVISIONS

§ 3GENERAL PROVISIONS - 3. Application of Islamic lawProvision

A person who professes the Islamic faith may be governed by Islamic law in all matters relating to matrimonial property.

Section 3. Application of Islamic law Section A person who professes the Islamic faith may be governed by Islamic law in all matters relating to matrimonial property.

Section 3Verify source

§ 4GENERAL PROVISIONS - 4. Equal status of spousesProvision

Spouses have equal status to acquire, administer, hold, control, use and dispose of property, whether movable or immovable.

Section 4. Equal status of spouses Section to acquire, administer, hold, control, use and dispose of property whether movable or immovable;

Section 4Verify source

§ 5GENERAL PROVISIONS - 5. Rights and liabilities of a personProvision

A person's interest in property acquired or inherited before marriage does not form part of the matrimonial property, subject to section 6.

Section 5. Rights and liabilities of a person Section Subject to section 6 , the interest of any person in any immovable or movable property acquired or inherited before marriage shall not form part of the matrimonial property.

Section 5Verify source

Part III

MATRIMONIAL PROPERTY

§ 10MATRIMONIAL PROPERTY - 10. Spousal liabilityProvision

Section 10. Spousal liability Section 10(1) Any liability incurred by a spouse before the marriage and relating to the property shall, after marriage, remain the liability of the spouse who incurred it. Section 10(2) Despite subsection (1), any liability that was reasonably and justifiably incurred shall, if the property becomes matrimonial property be equally shared by the spouses, unless they otherwise agree. Section 10(3)(a) liability incurred during the subsistence of the marriage for the benefit of the marriage; or Section 10(3)(b) reasonable and justifiable expense incurred for the benefit of the marriage.

Section 10Verify source

§ 11MATRIMONIAL PROPERTY - 11. Consideration of customary law principlesProvision

Consideration of customary law principles relating to divorce or dissolution of marriage.

Section 11. Consideration of customary law principles Section the customary law relating to divorce or dissolution of marriage;

Section 11Verify source

§ 12MATRIMONIAL PROPERTY - 12. Special provisions relating to matrimonial propertyProvision

Rules on matrimonial property: protection of spouses' interests and limits on eviction and alienation without consent.

Section 12. Special provisions relating to matrimonial property Section 12(1) An estate or interest in any matrimonial property shall not, during the subsistence of a monogamous marriage and without the consent of both spouses, be alienated in any form, whether by way of sale, gift, lease, mortgage or otherwise. Section 12(2) A spouse in a monogamous marriage, or in the case of a polygamous marriage, the man and any of the man’s wives, have an interest in matrimonial property capable of protection by caveat, caution or otherwise under any law for the time being in force relating to the registration of title to land or of deeds. Section 12(3) A spouse shall not, during the subsistence of the marriage, be evicted from the matrimonial home by or at the instance of the other spouse except by order of a court. Section 12(4)(a) on the sale of any estate or interest in the matrimonial home in execution of a decree; Section 12(4)(b) by a trustee in bankruptcy; or Section 12(4)(c) by a mortgagee or chargee in exercise of a power of sale or other remedy given under any law. Section 12(5) The matrimonial home shall not be mortgaged or leased without the written and informed consent of both spouses.

Section 12Verify source

§ 6MATRIMONIAL PROPERTY - 6. Meaning of matrimonial propertyProvision

Defines what counts as matrimonial property; excludes trust property; allows parties to an intended marriage to agree on property rights; the Court can set aside such agreements if influenced by fraud, coercion or if manifestly unjust.

Section 6. Meaning of matrimonial property Section 6(1)(a) the matrimonial home or homes; Section 6(1)(b) household goods and effects in the matrimonial home or homes; or Section 6(1)(c) any other immovable and movable property jointly owned and acquired during the subsistence of the marriage. Section 6(2) Despite subsection (1), trust property, including property held in trust under customary law, does not form part of matrimonial property. Section 6(3) Despite subsection (1), the parties to an intended marriage may enter into an agreement before their marriage to determine their property rights. Section 6(4) A party to an agreement made under subsection (3) may apply to the Court to set aside the agreement and the Court may set aside the agreement if it determines that the agreement was influenced by fraud, coercion or is manifestly unjust.

Section 6Verify source

§ 7MATRIMONIAL PROPERTY - 7. Ownership of matrimonial propertyProvision

Ownership of matrimonial property belongs to the spouses according to each spouse's contribution and is to be divided between them if they divorce or their marriage is dissolved.

Section 7. Ownership of matrimonial property Section Subject to section 6 (3), ownership of matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.

Section 7Verify source

§ 8MATRIMONIAL PROPERTY - 8. Property rights in polygamous marriagesProvision

Matrimonial property rules for polygamous marriages: property acquired before a man married another wife is retained equally by the man and his first wife only; property acquired after he marries another wife is regarded as owned by the man and the wives taking account of contributions; parties may agree that a wife’s matrimonial property is separate and then that wife owns it equally with the husband without participation of other wives.

Section 8. Property rights in polygamous marriages Section 8(1)(a) matrimonial property acquired by the man and the first wife shall be retained equally by the man and the first wife only, if the property was acquired before the man married another wife; and Section 8(1)(b) matrimonial property acquired by the man after the man marries another wife shall be regarded as owned by the man and the wives taking into account any contributions made by the man and each of the wives. Section 8(2) Despite subsection (1)(b), where it is clear by agreement of the parties that a wife shall have her matrimonial property with the husband separate from that of the other wives, then any such wife shall own that matrimonial property equally with the husband without the participation of the other wife or wives.

Section 8Verify source

§ 9MATRIMONIAL PROPERTY - 9. Acquisition of interest in property by contributionProvision

If one spouse improves property owned by the other (and that property is not matrimonial property), the improving spouse acquires a beneficial interest equal to their contribution.

Section 9. Acquisition of interest in property by contribution Section Where one spouse acquires property before or during the marriage and the property acquired during the marriage does not become matrimonial property, but the other spouse makes a contribution towards the improvement of the property, the spouse who makes a contribution acquires a beneficial interest in the property equal to the contribution made.

Section 9Verify source

Part IV

SEPARATE PROPERTY

§ 13SEPARATE PROPERTY - 13. Separate property of spousesProvision

Marriage does not change ownership of non-matrimonial property or the spouses' rights to acquire, hold, or dispose of such property, subject to this Act and any premarital agreement.

Section 13. Separate property of spouses Section Subject to this Act and any agreement between the spouses before the marriage, marriage does not affect the ownership of property other than matrimonial property to which either spouse may be entitled, or affect the right of either spouse to acquire, hold or dispose of any such property.

Section 13Verify source

§ 14SEPARATE PROPERTY - 14. Presumptions as to property acquired during marriageProvision

If property is in the name of one spouse, there is a rebuttable presumption that it is held in trust for the other spouse.

Section 14. Presumptions as to property acquired during marriage Section in the name of one spouse, there shall be a rebuttable presumption that the property is held in trust for the other spouse; and

Section 14Verify source

§ 15SEPARATE PROPERTY - 15. Gifts between spousesProvision

If one spouse gifts property to the other during the marriage, there is a rebuttable presumption that the recipient owns it absolutely.

Section 15. Gifts between spouses Section Where a spouse gives any property to the other spouse as a gift during the subsistence of the marriage, there shall be a rebuttable presumption that the property thereafter belongs absolutely to the recipient.

Section 15Verify source

§ 16SEPARATE PROPERTY - 16. No liability for antecedent debts of a spouseProvision

A spouse is exempt from liability for any personal debt the other spouse contracted before their marriage.

Section 16. No liability for antecedent debts of a spouse Section A spouse is not liable, solely by reason of marriage, for any personal debt contracted by the other spouse prior to their marriage.

Section 16Verify source

Part V

JURISDICTION AND PROCEDURE

§ 17JURISDICTION AND PROCEDURE - 17. Action for declaration of rights to propertyProvision

A person may apply to a court for a declaration of rights to property contested between that person and a spouse or former spouse.

Section 17. Action for declaration of rights to property Section 17(1) A person may apply to a court for a declaration of rights to any property that is contested between that person and a spouse or a former spouse of the person. Section 17(2)(a) shall be made in accordance with such procedure as may be prescribed; Section 17(2)(b) may be made as part of a petition in a matrimonial cause; and Section 17(2)(c) may be made notwithstanding that a petition has not been filed under any law relating to matrimonial causes.

Section 17Verify source

§ 18JURISDICTION AND PROCEDURE - 18. Provisions on delegated powersProvision

The Rules Committee must make rules regulating practice and procedure under this Act, including procedure, forms, and filing/serving time limits.

Section 18. Provisions on delegated powers Section 18(1) The Rules committee established under the Civil Procedure Act (Cap. 21) shall make rules to regulate any matter of practice or procedure under this Act. Section 18(2)(a) the procedure to be followed and the forms to be used under this Act; Section 18(2)(b) the time within which documents are to be filed and served under this Act.

Section 18Verify source

§ 19JURISDICTION AND PROCEDURE - 19. Cessation of application of Married Women Property ActProvision

The Married Women Property Act shall cease to extend to or apply in Kenya.

Section 19. Cessation of application of Married Women Property Act Section The Married Women Property Act shall cease to extend to or apply in Kenya.

Section 19Verify source

Legislative relationships

1 referenced instrument

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

G–M

1 instrument

Married Women Property Act
Section 19

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

31 Dec 2022 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.