HIGHLIGHTS OF THE MATRIMONIAL PROPERTY ACT, 2013
Ochiel J Dudley – Legal Researcher
Kenya Law
Citation: Matrimonial Property Act, 2013 Date of Assent: 24th December, 2013 Commencement Date: 16th January, 2014
Subject: Rights and responsibilities of spouses in relation to matrimonial property
1. DEFINITIONS (Section 2)
1.1 "contribution" means monetary and non-monetary contribution including-
- domestic work and management of the matrimonial home;
- child care
- companionship
- management of family business or property; (See definition below)
- farm work;
- extends to any property attached to the matrimonial home (would therefore cover servant quarters, gardens, extensions);
- matrimonial home
- household goods and effects in the matrimonial home
- any movable or immovable property jointly owned and acquired during the marriage
- People who profess Islamic faith have the option of Islamic law in all matters relating to matrimonial property.
- to acquire, administer, hold, control, use and dispose of property whether movable or immovable;
- to enter into a contract; and
- to sue and be sued in her own name.
- Where there is no prenuptial agreement, matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition, and shall be divided (not equally) between the spouses (emphasis supplied)
- A spouse who makes a contribution towards the improvement of a non-matrimonial property, acquires a beneficial interest in the property equal to the contribution made.
- Any liability incurred by a spouse before the marriage remains the liability of the spouse who incurred it.
- Parties to a marriage share liabilities incurred during the marriage for the benefit of the marriage equally.
- if property becomes matrimonial property, any liability reasonably and justifiably incurred are shared equally by the spouses unless they otherwise agree,
- Parties to a marriage equally share liabilities or reasonable and justifiable expenses incurred for the benefit of the marriage.
- customary laws relating to divorce or dissolution of marriage;
- protection of rights of future generations to community and ancestral land (See Article 63 of the Constitution);
- access and utilization of ancestral land and the cultural home by a wife or former wife
- in execution of a decree;
- by a trustee in bankruptcy; or
- by a mortgagee or chargee in exercise of a power of sale or other remedy
- in the name of one spouse, there is a presumption that the property is held in trust for the other spouse; and
- in the names of the spouses jointly, there's a presumption that their beneficial interests in the matrimonial property are equal.
- Where a spouse gives any property to the other as a gift during the marriage, there's a presumption the gift belongs absolutely to the receiving spouse.
- A spouse is not liable, solely by reason of marriage, for personal debts incurred before the marriage by the other spouse
- as part of a petition in a matrimonial cause; and
- even where a petition has not been filed under any law relating to matrimonial causes.