Housework and Emotional Support Now Worth Millions in Divorce Ruling

Nairobi High Court gives Housewives the right to stake a claim in their husbands’ wealth even without any documentation.

The court has ruled that non-monetary contributions in marriage also entitle spouses to some share in matrimonial property.

In a landmark ruling on matrimonial property, the court allowed an ex-wife to claim a share in her ex-husband’s matrimonial property even though his name did not appear on any title deed or bank account statements nor on company ownership records.

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Marital Property Rights and Corporate Loopholes

In Elizabeth Wanjiku Muraguri vs. Cyrus Gathuku Maina, Lady Justice Grace Chemitei held that non-monetary contributions like looking after children, home management, and emotional support to the spouse are a valid contribution and entitle a spouse to a share.

She granted half of the ex-wife half of her ex-husband’s five per cent shareholding in Blue Bubble Homecare Products Limited and part of the property associated with the shareholding.

“The wife indirectly made a contribution to the business,” the judge said, dismissing the husband’s claim that the company structure precluded his wife from a stake in it. “No spouse should be able to hide behind corporate entities in order to defeat a spouse’s matrimonial rights.”

The court dismissed the husband’s claim by the husband that most of the property in question belonged to his company, for which he only held a five per cent shareholding, arguing that a company is distinct from its owners.

“Wealth accumulated during a marriage by one spouse with the contribution of another must be regarded as jointly earned.” Lady Justice Chemitei noted.

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Matrimonial Property Division and Spousal Contributions

Lady Justice Chemitei also awarded the ex-wife half of the Thome property, half of the cash in her ex-husband’s accounts and other associated property.

The court directed the husband to surrender the properties within 90 days or have them sold and divided.

Legal experts said the ruling re-establishes the principle underpinning Section 7 of the Matrimonial Property Act, which takes into consideration both financial and non-financial contributions to matrimonial property and serves as a caution to all spouses that documentation does not guarantee ownership of property.

“To the husbands, wives and owners of businesses alike, this is a harsh reminder that disputes concerning marital property can break through company doors and private property,” the ruling stated.

Lady Justice Chemitei stated that this precedent-setting ruling indicates that a dish washed, a child nurtured, a shoulder cried on can now add up to millions in matrimonial property claims.

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Kenya High Court Rules Housewives Entitled to Share of Marital Wealth/ PHOTO Courtesy