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Family & successionUpdated 2 min read

How matrimonial property is divided in Kenya

Equality in marriage does not mean an automatic 50/50 split. Courts look at each spouse’s contribution — monetary and non-monetary.

By Wakili Link Editorial

Article 45(3) of the Constitution gives spouses equal rights at the time of the marriage, during the marriage and at its dissolution. The Matrimonial Property Act, 2013 explains what that means for property.

What counts as matrimonial property

  • the matrimonial home or homes,
  • household goods and effects in those homes, and
  • any other immovable or movable property jointly owned and acquired during the marriage.

Property one spouse owned before the marriage generally remains theirs, but the other spouse may acquire an interest if they contributed to improving it.

Contribution, not a fixed split

Section 7 provides that ownership vests according to each spouse’s contribution towards acquisition. Contribution is defined widely and includes non-monetary work such as:

  • domestic work and management of the home,
  • child care,
  • companionship, and
  • farm work or management of family business.

The Supreme Court has confirmed that equality does not mean an automatic 50/50 division; each spouse must show their contribution, and the court then divides fairly.

Practical steps

  1. Keep records. Receipts, bank transfers and loan statements help prove financial contribution.
  2. Document non-financial contribution. Witnesses and evidence of who ran the home or business matter.
  3. Check the title. Property in one spouse’s name can still be matrimonial property.
  4. Consider a prenuptial agreement. Section 6(3) allows parties to agree on property rights before marriage.

This article is general information, not legal advice on your situation.

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    How matrimonial property is divided in Kenya | Wakili Link