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Affidavit of Spousal Consent

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DOCX
Pages
1
Price: KES 400
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Document Overview

An Affidavit of Spousal Consent is a sworn legal declaration made by a husband or wife confirming that they are aware of, and agree to, a proposed transaction involving matrimonial property (such as land, a house, or other property jointly used by the family).

It is required under the Matrimonial Property Act, 2013 and Section 93 of the Land Registration Act, 2012, which state that a spouse must give consent before matrimonial property can be sold, transferred, leased, or charged (used as security).

Purpose:
1. Ensures that any dealing in matrimonial property follows the law, which protects spouses from secretly losing their homes or land.
2. Demonstrates that the spouse has willingly agreed to the transaction, free from coercion or undue influence.
3. Protects third parties (such as purchasers and banks) from future disputes by confirming that the non-owner spouse is aware of and supports the transaction.
4. Protects both spouses’ rights in matrimonial property and prevents fraudulent transfers without knowledge or consent.
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