I helped build our home, now my husband says it's not mine

Dear Vivian,

I have been separated from my husband for over a year. We got married in a wedding ceremony. We bought a piece of land which I contributed significantly to its purchase and development. The property is registered in his name. Recently, he has been insisting that the property belongs to him alone and has threatened to evict me. I’m concerned about what legal rights I have in this situation.

Risper,

Busia

Dear Risper,

Women are legally entitled to own and inherit property, including property acquired during marriage. The Constitution affirms equal rights to property for all, whether individually or jointly owned, and underscores equality for spouses at the time of marriage, throughout the marriage, and at its dissolution. This means that property acquired during a marriage is generally presumed to be jointly owned and both spouses are entitled to a fair share if the marriage ends.

The Matrimonial Property Act further strengthens these protections by defining “matrimonial property” to include any property acquired jointly by either or both spouses during their marriage, as well as the matrimonial home. The Act recognises both monetary and non-monetary contributions, meaning contributions like domestic work, childcare, and other non-financial efforts are considered valid forms of contribution. If you have contributed to the acquisition or development of the property, you have a legal right to a portion of it, regardless of whether the property is formally registered in your husband’s name.

Raising children

Kenyan courts have consistently upheld women’s rights to matrimonial property, acknowledging that both financial and non-financial contributions are legitimate. In past cases, the courts have emphasised that even if a woman’s contributions were non-financial, they are still meaningful and entitle her to a share of the property. For instance, courts have ruled that women who took on roles such as managing the household and raising children, while their spouse was the main financial provider, are nonetheless entitled to a share of the matrimonial property. This position respects the fact that both spouses contribute to the family’s well-being, even if their contributions differ in form.

In pursuing your share of the matrimonial property, mediation can often be a productive first step. Mediation offers a private, less adversarial forum for negotiating an amicable solution. However, if this approach does not yield results, consulting with a family lawyer and pursuing the matter in court may be necessary. It is important to note that a divorce process will precede any matrimonial property case.

Kenyan law, therefore, provides a strong foundation to protect women’s rights to property ownership, whether in marriage, inheritance, or through individual acquisition. This commitment to gender equality in property rights reflects broader values embedded in Kenya’s Constitution and is designed to support a fair and equitable society. Women in Kenya have a legal basis to claim their share of property acquired within marriage and inheritance rights, safeguarding their contributions and ensuring fair access to family assets.

Vivian.

The writer is an Advocate of the High Court of Kenya and award-winning Civil Society lawyer. [email protected]