How Women Can Protect Their Property Rights After Marriage

They say property has no gender, but history shows a different reality, where property ownership has favoured men. This inequality is still evident, especially when it comes to inheritance after the death of a spouse.

Even though Kenya’s 2010 Constitution guarantees equal rights for men and women, many women still struggle to secure their rights to property.

So, how can women make sure their rights are respected after marriage? Baoriat Agencies explains six key ways to ensure fair property distribution in case of death or separation.

1. Registering Jointly Owned Property

When a couple buys property together, it’s important to register it under both names. This guarantees that the other automatically inherits the property if one partner dies. Make sure both names are clearly listed on the title deed as co-owners.

2. Joint Tenancy or Tenancy-in-Common

There are two ways to share property:

Joint tenancy: If one partner dies, the other automatically becomes the sole owner.
Tenancy-in-common: Each partner owns a specific share of the property, which can be passed to heirs. Couples should decide which option suits them better before buying property.

3. Pre-Nuptial Agreements

A pre-nuptial agreement is especially useful for couples with significant assets. It sets rules on how property will be divided if the marriage ends. This agreement should follow Kenya’s Matrimonial Property Act to be legally valid.

4. Special Community Property Rights

Kenyan law considers property acquired during marriage as matrimonial property. Both spouses have equal rights to this property, even if it’s registered under one person’s name. Understanding these laws helps prevent future disputes.

5. 50-50 Property Division

Kenyan law generally favours equal (50-50) division of property in case of separation. However, factors like pre-nuptial agreements might affect this balance.

6. Foreign Spouses

If you are married to a non-Kenyan, be aware of the legal restrictions on property ownership. Non-citizen spouses can only lease land in Kenya, not own it.

By understanding these key rules, women can better protect their property rights during and after marriage.

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