I am the first wife in a polygamous marriage, contemplating divorce due to irreconcilable differences. My husband and I have been married for over 15 years. He recently found success with real estate investments and began engaging with other women. My concerns stem from the fact that I took a loan from my Sacco to assist him in purchasing plots, where we jointly constructed rental houses in Kitengela and Mlolongo. Unfortunately, subsequent relationships have not only strained our marriage but also jeopardized our investments.
My husband married the other two women through customary ceremonies. Consequently, I have decided to seek a divorce. I have consulted with friends and colleagues for advice and have come to the conclusion that ending the marriage is the best course of action. I believe I have valid grounds for filing for divorce and am now seeking legal guidance on how to fairly divide our real estate investments, considering the complexities of a polygamous marriage.
Rebecca, Nairobi
There are laws that stipulate how property can be divided among spouses in a polygamous union. According to the Matrimonial Property Act, the division of matrimonial property upon divorce or dissolution of marriage is provided for.
Matrimonial property means the matrimonial home or homes, household goods, effects, and any other property owned by both or either spouse acquired during marriage. Matrimonial home means any property owned or leased by one or both spouses and occupied or utilized by the spouses as their family home. Section Eight of the Act provides that matrimonial property acquired by a man and his first wife shall be retained equally between them if acquired before the man married other women.
Matrimonial property acquired by the man after he marries another wife shall be regarded as owned by him and wives taking into account contributions made by the spouses. According to the proposed law, if a wife mutually agrees with her husband that she will have matrimonial property with him separate from other wives then co-wives will not own a dime.
Even as the new Act provides for separate matrimonial property, the Land Act (2012) makes it a herculean task for a polygamous man to transact in real estate. A man with several wives, many of whom may be residing in the matrimonial property, must seek the consent of all wives before any transaction.
- Harold Ayodo is an Advocate of the High Court
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