Section 8 of Matrimonial Property Act CAP 152: 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 the man and the first wife only, if the property was acquired before the man married another wife; and
(b) matrimonial property acquired by the man after the man marries another wife shall be regarded as owned by the man and the wives taking into account any contributions made by the man and each of the wives.
(2) Despite subsection (1)(b), where it is clear by agreement of the parties that a wife shall have her matrimonial property with the husband separate from that of the other wives, then any such wife
shall own that matrimonial property equally with the husband without the participation of the other wife or wives.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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.