What counts as matrimonial property
Matrimonial Property Act · sources read 4 Oct 2026
Matrimonial property is the matrimonial home or homes, the household goods in them, and any other property jointly owned and acquired during the marriage. Property a spouse owned or inherited before marriage, and trust property (including land held in trust under customary law), is not matrimonial property.
- Where
- Court, through an application for a declaration of property rights
Steps
- List the property. The matrimonial home is any property owned or leased by one or both of you and used as your family home, with any attached property.
- Couples about to marry can sign an agreement setting their own property rights.
- If you and your spouse or former spouse disagree about a property, you can apply to court for a declaration of your rights to it.
Watch out
- Property owned or inherited before marriage stays out of matrimonial property.
- Trust property, including land held in trust under customary law, is not matrimonial property.
- If your spouse helped improve property that is not matrimonial property, they get a share in it equal to their contribution.
Who this covers
- Spouses and former spouses, about property connected to their marriage.
Official sources (1)
- Matrimonial Property Act, No. 49 of 2013 new.kenyalaw.org · read 4 Oct 2026