Explainer: A woman's right to property in a polygamous marriage
The cast of a new South African reality show, Uthando neSthembu, which focuses on a polygamous union.
What you need to know:
- Ms Alubbe clarifies that a wife in a polygamous marriage can hold her matrimonial property with the husband separately from that of the other wives.
- She explains that a spouse who makes a contribution to the improvement of a non-matrimonial property, acquires a beneficial interest in the property equal to the contribution made.
Are you a woman in a polygamous marriage? Do you know your right to property as the first, second, third or fourth wife?
Data from the Kenya Demographic and Health Survey (2022) revealed that women aged 45–49 led in joint land ownership at 38.4 per cent. While 9.5 per cent possessed land independently.
Here is what you need to know.
“If the parties in a polygamous marriage divorce or a polygamous marriage is otherwise dissolved, matrimonial property acquired by the man and the first wife before the man married another wife, shall be retained equally by the man and the first wife only,” explains Kenya Land Alliance (KLA) chief executive officer Faith Alubbe.
She further expounds: “Matrimonial property acquired by the man after the man marries another wife shall be regarded as owned by the man and the wives, taking into account any contributions made by the parties.”
Ms Alubbe clarifies that a wife in a polygamous marriage can hold her matrimonial property with the husband separately from that of the other wives.
“Any wife can own matrimonial property equally with the husband without the participation of the other wife or wives,” she says.
She explains that a spouse who makes a contribution to the improvement of a non-matrimonial property, acquires a beneficial interest in the property equal to the contribution made.
“Matrimonial property cannot be sold, leased or mortgaged during a monogamous marriage without the consent of both spouses,” she informs.
“Spouses in marriages, including the man and any of the man’s wives in the case of a polygamous marriage, have an interest in matrimonial property capable of protection by caveat, caution or any law in force on registration of title deeds.”
Additionally, a spouse cannot evict the other, unless there is a court order, she said.
“A spouse shall not be evicted from the matrimonial home by any person except in execution of a decree, by a trustee in bankruptcy, or by a mortgagee or chargee in exercise of a power of sale or other remedy,” she affirms.
“The matrimonial home shall not be mortgaged or leased without the written and informed consent of both spouses.”
