In Kenya, property division upon divorce is governed by the Matrimonial Property Act, 2013. The Act lays out the legal procedures on how property should be shared to ensure fairness for both parties. The transfer of property upon divorce entails some important components such as:
i. Agreement or Court Order
ii. Valuation of Property
iii. Property Transfer
iv. Legal Documentation
v. Compliance with Tax and Other Regulations
Couples are advised to seek help of a qualified lawyer on property matters to ensure that property is fairly distributed.

Divorce is the legal separation of a man and a wife by the court's judgment. After divorce, matrimonial property has to be shared. The transfer of property in Kenya is guided by the Matrimonial property Act (2013) which provides for the rights and responsibilities of the spouses in relation to matrimonial property after dissolution of marriage. Matrimonial property vests in the spouses according to the contribution of either spouse towards it's acquisition and shall be divided between the spouses if they divorce or their marriage is dissolved. Any liability incurred by a spouse before the marriage and relating to the property shall after marriage remain the liability of the spouse who incurred it. Where one spouse acquires the property before or during the marriage and the property does not become matrimonial but the other spouse makes a contribution towards the improvement of the property, the spouse who makes a contribution acquires a beneficial interest in the property equal to the contribution made. Where a spouse give any property to the spouse as a gift, there shall be a rebuttable presumption that the property belongs to the recipient. In order to protect the rights of the parties to a marriage in the event of a divorce, the division of matrimonial property in Kenya involves various considerations by a court of law.