Section 7 of Matrimonial Property Act CAP 152: Ownership of matrimonial property
Subject to section 6(3), ownership of matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.
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- Section 8 - Property rights in polygamous marriages
(1) If the parties in a polygamous marriage divorce or a polygamous marriage is otherwise dissolved, the—
(a) matrimonial property acquired by the man and the first wife shall be retained equally by...
- Section 9 - Acquisition of interest in property by contribution
Where one spouse acquires property before or during the marriage and the property acquired during the marriage does not become matrimonial property, but the other spouse makes a contribution towards...
- Section 10 - Spousal liability
(1) Any liability incurred by a spouse before the marriage and relating to the property shall, after marriage, remain the liability of the spouse who incurred it.
(2) Despite subsection (1), any...
- Section 11 - Consideration of customary law principles
During the division of matrimonial property between and among spouses, the customary law of the communities in question shall, subject to the values and principles of the Constitution, be taken into...
- Section 12 - Special provisions relating to matrimonial property
(1) An estate or interest in any matrimonial property shall not, during the subsistence of a monogamous marriage and without the consent of both spouses, be alienated in any form, whether by way of...
- Section 13 - Separate property of spouses
Subject to this Act and any agreement between the spouses before the marriage, marriage does not affect the ownership of property other than matrimonial property to which either spouse may be...
- Section 14 - Presumptions as to property acquired during marriage
Where matrimonial property is acquired during marriage—
(a) in the name of one spouse, there shall be a rebuttable presumption that the property is held in trust for the other spouse; and
(b) in the...
- Section 15 - Gifts between spouses
Where a spouse gives any property to the other spouse as a gift during the subsistence of the marriage, there shall be a rebuttable presumption that the property thereafter belongs absolutely to the...
- Section 16 - No liability for antecedent debts of a spouse
A spouse is not liable, solely by reason of marriage, for any personal debt contracted by the other spouse prior to their marriage.
- Section 17 - Action for declaration of rights to property
(1) A person may apply to a court for a declaration of rights to any property that is contested between that person and a spouse or a former spouse of the person.
(2) An application under subsection...
- Section 18 - Provisions on delegated powers
(1) The Rules committee established under the Civil Procedure Act (Cap. 21) shall make rules to regulate any matter of practice or procedure under this Act.
(2) Without prejudice to the generality of...
- Section 19 - Cessation of application of Married Women Property Act
The Married Women Property Act shall cease to extend to or apply in Kenya.