How is property shared between a husband and wife?
Matrimonial Property Act 2013 · sources read 2 Oct 2026
Spouses have equal rights at the start of, during and at the end of a marriage. Matrimonial property belongs to the spouses according to each one's contribution to getting it, and is divided between them if they divorce; contribution includes non-money work like domestic work, child care and farm work.
- Where
- The court (as part of a divorce case or on its own)
Steps
- Work out what is matrimonial property: the matrimonial home or homes, household goods in it, and other property jointly owned and acquired during the marriage.
- Gather proof of your contribution, money or not. The law counts domestic work, managing the home, child care, companionship, running a family business and farm work.
- Apply to court for a declaration of your rights to the property. You can do this inside a divorce case or even without one.
Watch out
- Property you got or inherited before the marriage is not matrimonial property.
- A couple can sign an agreement before marriage setting their property rights. A court can set it aside if it was influenced by fraud or coercion or is manifestly unjust.
- A person who professes the Islamic faith may be governed by Islamic law on matrimonial property.
Who this covers
- Both spouses: equal rights at the time of the marriage, during it and when it ends.
- A married woman has the same rights as a married man to acquire, hold, use and dispose of property.
- Each spouse owns matrimonial property according to their contribution towards getting it.
Official sources (2)
- Matrimonial Property Act, 2013 (No. 49 of 2013), as assented libraryir.parliament.go.ke · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026