Matrimonial Property Act

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

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

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

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

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 sp...

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