Matrimonial property law in Kenya refers to the legal framework that governs the ownership, management, and distribution of property acquired during marriage. It primarily aims to ensure fairness and protection for both spouses in case of divorce, separation, or death. In Kenya, the law that governs matrimonial property is the Matrimonial Property Act of 2013. Here are some key points to note:

1. Types of Matrimonial Property:
   • The Matrimonial Property Act recognizes two types of property in a marriage: matrimonial property and separate property.
   • Matrimonial property includes all assets acquired by either spouse during the marriage, regardless of whether they are in joint or individual names.
   • Separate property refers to assets owned by each spouse before marriage or acquired by gift or inheritance during the marriage.
2. Ownership and Management:
   • Matrimonial property is considered to be owned jointly by both spouses, regardless of the actual name on the property document.
   • Both spouses have equal rights to manage and control matrimonial property, and decisions must be made jointly.
3. Equal Sharing:
   • The Matrimonial Property Act promotes the principle of equal sharing of matrimonial property upon divorce or separation.
   • In the event of divorce or separation, the court has the authority to divide the matrimonial property in a just and equitable manner, taking into account factors such as contributions, needs, and other circumstances.
4. Contributions:
   • Contributions to the acquisition, improvement, or maintenance of matrimonial property can be financial, non-financial, or indirect. These contributions are taken into consideration during property division.
   • Contributions can include monetary contributions, homemaking, childcare, and career sacrifices.
5. Prenuptial and Postnuptial Agreements:
   • The Matrimonial Property Act recognizes prenuptial and postnuptial agreements that outline how matrimonial property will be divided in case of divorce or separation.
   • However, the court has the discretion to set aside such agreements if they are deemed unfair or unconscionable.
6. Protection of Rights:
   • The law seeks to protect the weaker spouse from being disadvantaged during property division.
   • The court has the power to order maintenance and support payments to ensure the financial security of the disadvantaged spouse, especially if they have custody of children.
7. Survivorship Rights:
   • In the case of a spouse's death, the surviving spouse is entitled to a share of the matrimonial property, even if the deceased spouse's will states otherwise.
8. Cultural and Religious Considerations:
   • The Matrimonial Property Act acknowledges the diversity of Kenyan cultures and recognizes that customs and traditions may influence property ownership and distribution.
   • However, the Act ensures that these customs do not discriminate against any spouse's rights.
9. Registration and Documentation:
   • It's advisable for spouses to properly document and register their matrimonial property to avoid disputes and ensure legal recognition of ownership.

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The provision of general advice in this document does not create an attorney-client relationship with any reader. This article's information, content, and material are provided solely for general informational purposes. Readers of this article should contact us on 0733610961 or email at wjmaxwell.co.ke if they need legal advice on any specific legal issue.