My estranged boyfriend demands half of the household items I bought. Is he justified?
Now that our relationship has ended, my boyfriend is demanding we split everything equally, claiming we both made equal contributions.
What you need to know:
- I moved in with my boyfriend.
- Now that our relationship has ended, he is demanding we split everything equally.
Dear Vivian,
I moved in with my boyfriend and took out a loan to buy most of our household items. Now that our relationship has ended, he is demanding we split everything equally, claiming we both made equal contributions. However, I feel this is unfair since I incurred most of the expenses and I’m still servicing the loan. Does he have legal grounds to claim half of the household items?
Sarah Okumu,
Kisumu
Dear Sarah,
In Kenya, the law does not automatically recognise property rights for cohabiting couples in the same way it does for married couples. The Supreme Court decision has previously clarified that long-term cohabitation does not necessarily imply a marriage or equal property rights. The court held that only contributions—both monetary and non-monetary—made towards property acquisition during the relationship are considered when dividing assets. This means that even if your boyfriend contributed financially in some ways, it does not automatically entitle him to half of the household items you purchased, especially given your larger financial investment and the ongoing loan repayment.
The Constitution under Article 45(3) guarantees equality in marriage, and Article 40 protects the right to own property, either individually or jointly. However, these protections primarily apply to legally recognised marriages. The Matrimonial Property Act of 2013, which outlines property rights based on contributions, also mainly covers married couples. For cohabiting couples, the law primarily focuses on the actual contributions made towards acquiring property, as demonstrated in the Supreme Court's ruling.
In your case, the Supreme Court decision suggests that the fair division of property should be based on actual contributions rather than an automatic 50/50 split. Since you took out a loan and purchased most household items, your financial contribution is significant. Your boyfriend's claims would need to be substantiated by clear evidence of his contributions.
To protect your rights and ensure a fair division, consider negotiating a settlement with your boyfriend, perhaps involving returning some items or compensating him for any proven contributions. If negotiations fail, mediation can be a helpful, less adversarial option. Should these methods not resolve the issue, legal action may be necessary. It's crucial to gather all relevant documentation, such as receipts, loan agreements, and any communications about financial contributions or shared property expectations.
Recent court decisions highlight the importance of documenting contributions in cohabitation scenarios, as it directly impacts the division of property upon separation. The Supreme Court, however, called on Parliament to legislate protections for cohabiting partners, recognising the evolving nature of relationships and family structures. This ongoing legal development underscores the need for clarity and protection for all forms of familial unions, including cohabitation.
In conclusion, your boyfriend's claim to half of the household items may not be legally justified without evidence of equal contributions. Legal counsel can help you navigate this process, ensuring your financial interests and rights are protected. This situation underscores the importance of clear agreements and documentation in relationships to avoid disputes over property ownership.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
