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Matrimonial Property Act

6. Meaning of matrimonial property

Edition: 2022-12-31 · In force

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6. 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 subsection (1), trust property, including property held in trust under customary law, does not form part of matrimonial property.
(3)Despite subsection (1), the parties to an intended marriage may enter into an agreement before their marriage to determine their property rights.
(4)A party to an agreement made under subsection (3) may apply to the Court to set aside the agreement and the Court may set aside the agreement if it determines that the agreement was influenced by fraud, coercion or is manifestly unjust.

Case law referring to this provision

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Source: Kenya Law