No Marriage Certificate? You May Still Have a Claim to Family Property

The High Court in Nairobi has ruled that domestic and caregiving work can be recognised as a contribution to matrimonial property, even where there is no evidence of direct financial input.

In a landmark judgment, Justice Charles Kariuki said the division of property after the breakdown of a marriage cannot be based solely on a marriage certificate or financial records. The court found that years of caregiving, household management and emotional support may create a beneficial interest in property.

The case involved a woman who lived with her partner for 20 years, during which time she raised their children and managed the family home. Although she did not have receipts or bank statements showing financial contributions, she argued that her efforts helped sustain the family and supported the accumulation of wealth.

The court agreed and awarded her a 30 per cent beneficial interest in the properties, while also protecting her share from interference. Justice Kariuki held that long-term cohabitation, the birth of children within a relationship and the practical realities of family life can support the presumption of marriage under the Matrimonial Property Act. 

He further said that activities such as cooking, childcare and supporting a spouse’s business contribute to a family’s prosperity and should be recognised as legally significant. The judgment highlights that ownership claims may extend beyond the details recorded on title deeds. It recognises that family relationships and non-financial contributions can affect rights to property acquired during a union.

The decision comes amid renewed calls from the judiciary and Attorney General Dorcas Oduor for Kenyans to register their marriages formally. Marriage certificates remain important in matters involving inheritance, divorce, child custody and property rights, particularly for couples married under customary law.

However, the court’s ruling makes clear that the absence of formal documentation does not automatically negate contributions made within a family setting.