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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
Read the law

Steps

  1. 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.
  2. Couples about to marry can sign an agreement setting their own property rights.
  3. 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)
  1. Matrimonial Property Act, No. 49 of 2013 new.kenyalaw.org · read 4 Oct 2026

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