Matrimonial Property Act

This Act may be cited as the Matrimonial Property Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 152
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

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.

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Provisions of Matrimonial Property Act

Showing 19 of 19

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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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.
2
PRELIMINARY - 2. Interpretation
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Defines "domestic work and management of the matrimonial home."

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

Part II

GENERAL PROVISIONS

3
GENERAL PROVISIONS - 3. Application of Islamic law
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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.
4
GENERAL PROVISIONS - 4. Equal status of spouses
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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;
5
GENERAL PROVISIONS - 5. Rights and liabilities of a person
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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.

Part III

MATRIMONIAL PROPERTY

10
MATRIMONIAL PROPERTY - 10. Spousal liability
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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 otherwise.

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.
11
MATRIMONIAL PROPERTY - 11. Consideration of customary law principles
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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;
12
MATRIMONIAL PROPERTY - 12. Special provisions relating to matrimonial property
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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.
6
MATRIMONIAL PROPERTY - 6. Meaning of matrimonial property
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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.
7
MATRIMONIAL PROPERTY - 7. Ownership of matrimonial property
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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.
8
MATRIMONIAL PROPERTY - 8. Property rights in polygamous marriages
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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.
9
MATRIMONIAL PROPERTY - 9. Acquisition of interest in property by contribution
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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.

Part IV

SEPARATE PROPERTY

13
SEPARATE PROPERTY - 13. Separate property of spouses
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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.
14
SEPARATE PROPERTY - 14. Presumptions as to property acquired during marriage
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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
15
SEPARATE PROPERTY - 15. Gifts between spouses
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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.
16
SEPARATE PROPERTY - 16. No liability for antecedent debts of a spouse
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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.

Part V

JURISDICTION AND PROCEDURE

17
JURISDICTION AND PROCEDURE - 17. Action for declaration of rights to property
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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.
18
JURISDICTION AND PROCEDURE - 18. Provisions on delegated powers
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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.
19
JURISDICTION AND PROCEDURE - 19. Cessation of application of Married Women Property Act
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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.

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