Does a married woman have the same property rights as her husband?
Matrimonial Property Act 2013 and Constitution of Kenya · sources read 3 Oct 2026
Yes. A married woman has the same rights as a married man to acquire, manage, hold, use and sell property, to sign contracts, and to sue and be sued in her own name. Spouses have equal rights at the start of, during and at the end of a marriage.
- Where
- No application needed; property disputes go to court
Steps
- Buy, register, rent out or sell property in your own name, and sign contracts yourself. You do not need your husband to do it for you.
- Property that is yours and not matrimonial property stays yours after marriage, and you keep the right to acquire, hold or dispose of it.
- If you and your husband or ex-husband disagree over property, you can go to court in your own name and ask it to declare your rights.
Watch out
- A person who professes the Islamic faith may be governed by Islamic law on matrimonial property.
- An agreement the two of you signed before marriage can affect how property that is not matrimonial property is treated.
Who this covers
- Every married woman, whatever any other law says.
- Both spouses: the Constitution gives parties to a marriage equal rights at the start of, during and at the end of the marriage.
- Women and men have the right to equal treatment, including equal economic opportunities.
Official sources (2)
- Matrimonial Property Act (No. 49 of 2013) new.kenyalaw.org · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026