Matrimonial Property Act Cap 152 in Kenya

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19 sections

• Section 1 of Matrimonial Property Act CAP 152: Short title
  

  This Act may be cited as the Matrimonial Property Act.

  
  
• Section 2 of Matrimonial Property Act CAP 152: Interpretation
  

  In this Act, unless the context otherwise requires— "contribution" means monetary and non-monetary contribution and includes— (a) domestic work and management of the matrimonial home; (b) child care; (c) companionship; (d) management of family business or property; and (e) farm work; "family...

  
  
• Section 3 of Matrimonial Property Act CAP 152: Application of Islamic law
  

  A person who professes the Islamic faith may be governed by Islamic law in all matters relating to matrimonial property.

  
  
• Section 4 of Matrimonial Property Act CAP 152: Equal status of spouses
  

  Despite any other law, a married woman has the same rights as a married man— (a) to acquire, administer, hold, control, use and dispose of property whether movable or immovable; (b) to enter into a contract; and (c) to sue and be sued in her own name.

  
  
• Section 5 of Matrimonial Property Act CAP 152: Rights and liabilities of a person
  

  Subject to section 6, the interest of any person in any immovable or movable property acquired or inherited before marriage shall not form part of the matrimonial property.

  
  
• Section 6 of Matrimonial Property Act CAP 152: Meaning of matrimonial property
  

  (1) For the purposes of this Act, matrimonial property means— (a) the matrimonial home or homes; (b) household goods and effects in the matrimonial home or homes; or (c) any other immovable and movable property jointly owned and acquired during the subsistence of the marriage. (2) Despite...

  
  
• 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.

  
  
• 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;...

  
  
• Section 9 of Matrimonial Property Act CAP 152: 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 the improvement of the property, the spouse who makes a contribution acquires a beneficial interest...

  
  
• Section 10 of Matrimonial Property Act CAP 152: 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 liability that was reasonably and justifiably incurred shall, if the property becomes matrimonial...

  
  
• Section 11 of Matrimonial Property Act CAP 152: 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 account including— (a) the customary law relating to divorce or dissolution of marriage; (b) the...

  
  
• 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...

  
  
• Section 13 of Matrimonial Property Act CAP 152: 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 entitled, or affect the right of either spouse to acquire, hold or dispose of any such property.

  
  
• Section 14 of Matrimonial Property Act CAP 152: 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 names of the spouses jointly, there shall be rebuttable presumption that their beneficial interests...

  
  
• Section 15 of Matrimonial Property Act CAP 152: 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 recipient.

  
  
• Section 16 of Matrimonial Property Act CAP 152: 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 of Matrimonial Property Act CAP 152: 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 (1)— (a) shall be made in accordance with such procedure as may be prescribed; (b) may be made as...

  
  
• Section 18 of Matrimonial Property Act CAP 152: 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 subsection (1), such rules may prescribe— (a) the procedure to be followed and the forms to be...

  
  
• Section 19 of Matrimonial Property Act CAP 152: Cessation of application of Married Women Property Act
  

  The Married Women Property Act shall cease to extend to or apply in Kenya.