Friday, January 27, 2023 –The Supreme Court has solved the long standing puzzle on property claim in case of a divorce.
On Friday January 27, the Apex court made a clear ruling on the matter that has been at the center of contestation for long.
Led by Chief Justice Martha Koome, the court ruled that, only the property one contributed in building, that he or she can lay a claim.
“What amounts to a fair and equitable legal formula for the reallocation of matrimonial property rights at the dissolution of a marriage and whether the same can be achieved by a fixed means of apportionment at a 50:50 ratio should be done in light of the circumstances of each individual case,” the Supreme Court ruled on Friday January 27 sitting.
This means, going forward, spouses have to prove their contribution to the matrimonial wealth before being awarded any share.
This is meant to reduce cases of fraudulent acquisition of property and wealth by ill-intended spouses who end relationships to benefit from what they didn’t contribute to build.
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