Section 12 of Matrimonial Property Act CAP 152: 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 sale, gift, lease, mortgage or otherwise.
(2) A spouse in a monogamous marriage, or in the case of a polygamous marriage, the man and any of the man’s wives, have an interest in matrimonial property capable of protection by caveat, caution or otherwise under any law for the time being in force relating to the registration of title to land or of deeds.
(3) A spouse shall not, during the subsistence of the marriage, be evicted from the matrimonial home by or at the instance of the other spouse except by order of a court.
(4) Subject to subsection (3), a spouse shall not be evicted from the matrimonial home by any person except—
(a) on the sale of any estate or interest in the matrimonial home in execution of a decree;
(b) by a trustee in bankruptcy; or
(c) by a mortgagee or chargee in exercise of a power of sale or other remedy given under any law.
(5) The matrimonial home shall not be mortgaged or leased without the written and informed consent of both spouses.
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