What happens to our matrimonial property now that I have a co-wife?

Dear Harry,

My life has never been the same since my husband won a series of bets on the English Premier League and the Champions League in Europe. Instead of adding the money to our family investments, he made an about-turn and married another woman last month. I have confirmed that he indeed took dowry which was accepted. Since I am now officially in a polygamous union, what happens to our family home and rental houses which I personally took a loan from my Sacco and Chama to construct? What may happen when I one day opt out through a court process?

Beryl, Nairobi

Dear Beryl,   

Division of matrimonial property upon divorce or dissolution of marriage is provided for in law.

For starters, 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 utilised by the spouses as their family home.

The law provides that matrimonial property acquired by the man and first wife shall be retained equally between them if acquired before the man married other women – your investments are therefore, catered for.

Matrimonial property – houses, plots, apartments and commercial premises – 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.

If a wife mutually agreed with her husband that she will have matrimonial property with him separate from other wives then co-wives will not own a dime.

A man with several wives, many of whom may be residing in the matrimonial property, must seek consent of all wives before transacting on the property. 

Legally, failure to seek consent of all spouses would lead cancellation of the property transaction.

Harry Ayodo is an Advocate of the High Court of Kenya and an employee of the Law Society of Kenya