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The Matrimonial Property Act No. 49 of 2013 in Kenya addresses the rights and responsibilities of spouses regarding property acquired during marriage. It provides a legal framework for the fair distribution and management of matrimonial assets, aiming to protect the interests of both parties in a marriage.
The Act defines matrimonial property as assets acquired during the marriage, including land, houses, and investments. It establishes principles for dividing this property in the event of a divorce, separation, or death. The Act recognizes both monetary and non-monetary contributions, such as homemaking and child-rearing, in determining each spouse’s share of the property.
The 2013 Act modernizes property law by acknowledging the diverse roles and contributions of spouses, including non-financial contributions. It enhances protection for non-working spouses and ensures that property distribution is just, considering contemporary family dynamics and evolving social expectations.
The goal l of the Matrimonial Property Act is to ensure equitable distribution of assets acquired during the marriage, reflecting both partners' contributions. It aims to protect spouses' rights and provide a clear legal mechanism for resolving property disputes, promoting fairness and stability in family law.
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