How is property divided in a polygamous marriage?
Matrimonial Property Act · sources read 3 Oct 2026
When a polygamous marriage ends in divorce, property the man and his first wife acquired before he married another wife is shared equally by the two of them only. Property acquired after he married again is owned by the man and the wives according to each one's contribution, unless they agreed a wife holds hers with the husband separately.
- Where
- Court (matrimonial property cases are filed in court; the Act does not name a single court rank)
Steps
- If property is contested, apply to court for a declaration of your rights to it against your spouse or former spouse.
- Gather proof of what you contributed, including non-money work such as domestic work, child care, managing the family business and farm work.
Watch out
- If it is clear the spouses agreed that a wife holds her property with the husband separately from the other wives, she owns it equally with him and the other wives have no share.
- These rules apply when the marriage ends by divorce or dissolution; sharing an estate after death follows the succession law.
Who this covers
- Husbands and wives in a polygamous marriage that ends by divorce or is otherwise dissolved.
- Customary and Islamic marriages are presumed to be polygamous or potentially polygamous.
Official sources (2)
- Matrimonial Property Act, No. 49 of 2013 new.kenyalaw.org · read 3 Oct 2026
- Marriage Act, No. 4 of 2014 (Cap. 150) new.kenyalaw.org · read 3 Oct 2026