Go to court to divide matrimonial property after separation or divorce
The Judiciary of Kenya · sources read 2 Oct 2026
Apply to court for a declaration of your rights to the property you and your spouse or ex-spouse disagree over. You can do it inside your divorce case or on its own, even before any divorce petition is filed.
- Fee
- We couldn't confirm a fee from the official page. Check it there before you pay.
- Where
- At the High Court's Family Division registry, or online through Judiciary e-filing (efiling.court.go.ke)
Steps
- Sign up on Judiciary e-filing (efiling.court.go.ke) and get your account activated.
- File an application asking the court to declare your rights to the contested property.
- Pay the court fees the system works out for you (M-PESA, KCB or RTGS).
- The court shares the property according to what each spouse contributed to getting it.
Watch out
- You don't need to file for divorce first. The property claim can stand on its own.
- Contribution is not only money: domestic work, child care, companionship, running the family business and farm work all count.
- If you helped improve property your spouse owned on their own, you can get a share equal to your contribution.
Who can apply
- A spouse or former spouse with property contested with the other spouse.
Official sources (3)
- Matrimonial Property Act, 2013 (No. 49 of 2013) new.kenyalaw.org · read 2 Oct 2026
- Court Registry - The High Court of Kenya highcourt.judiciary.go.ke · read 2 Oct 2026
- Frequently Asked Questions (FAQs) for E-filing System judiciary.go.ke · read 2 Oct 2026