Couples divorcing deliberately for the sake of profiting from matrimonial property have been warned that the courts will not accept their ownership claims. In a ruling, a Nairobi court has declared that marriage is not a business deal that a partner can use to benefit from upon divorce.
This declaration came in a case in which a divorced woman was seeking a share of 33 properties owned by her ex husband.
The woman who was identified in the proceedings as VJM had sued her ex-husband who was identified as KKM over the assets. She told the court that she had married KKM on September 12, 2008. She then said that during the marriage, the two had jointly acquired several properties that included a residential flat that was purchased in 2012 for Sh25 million.
VJM told the court that the two had built a matrimonial home and lived in other residential houses in Eldoret. She argued that she had made substantial direct and indirect contributions and that Mr. KKM had held the properties in trust for her.
The High Court also heard that the marriage between VJM and KKM was dissolved through a decree that was issued on June 7, 2024.
On his part, Mr. KKM told the court that the property had not been acquired jointly as the marriage had collapsed shortly after they started living together as man and wife in 2008.
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KKM alleged that VJM had deserted their home in 2009 and opted to live separately. He said that all the properties that he owned were ancestral and inherited from his parents.
In its ruling, the High Court established that what KKM was saying was the truth and the property did not qualify for subdivision as it was inherited and was not jointly owned.
The High Court further established that even though VJM had claimed ownership to 33 assets, she did not provide a single titled deed or ownership document to back up these claims.
“Given that there are 33 properties that are the subject of the application, and the applicant has provided not a single title, this court cannot determine whether they are to be divided between the parties,” the ruling that was read out by Justice Reuben Nyakundi stated.
