Are you liable for your spouse's debts?
Matrimonial Property Act 2013 · sources read 3 Oct 2026
Marriage alone does not make you liable for a personal debt your spouse took on before you married. Debts and reasonable expenses taken on during the marriage for the benefit of the marriage are shared equally.
- Where
- Disputes over property and debts between spouses go to court
Steps
- If someone asks you to pay a personal debt your spouse took before your marriage, you can point out that marriage alone does not make you liable for it.
- For debts taken during the marriage, check whether they were for the benefit of the marriage. Those are shared equally between you.
- If you and your spouse or ex-spouse cannot agree over property, you can ask a court to declare your rights to it.
Watch out
- A debt your spouse took before marriage that relates to a property stays their debt after the wedding.
- But if that property becomes matrimonial property, a debt on it that was reasonably and justifiably taken is shared equally, unless you both agree otherwise.
Who this covers
- Married couples under the Matrimonial Property Act.
Official sources (1)
- Matrimonial Property Act (No. 49 of 2013) new.kenyalaw.org · read 3 Oct 2026