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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)
Read the law

Steps

  1. 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.
  2. 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.
  3. 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)
  1. Matrimonial Property Act, 2013 (No. 49 of 2013), as assented libraryir.parliament.go.ke · read 2 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026

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