Court awards wife 80% of matrimonial property peaving the man with only a 20 percent
Court awards wife 80% of matrimonial property peaving the man with only a 20 percent
The High Court in Nakuru has awarded a wife 80 percent of the property accumulated during marriage, leaving the man with only a 20 percent share after finding that the woman was the family’s breadwinner.
In a ruling by Justice Samuel Mohochi, the court found that the wife, a professional athlete, was the main financial contributor to the marriage through her marathon winnings, police salary and rental income.
The judge held that while the husband made some non-monetary contributions, he failed to prove substantial financial input into the acquisition of most of the disputed properties.
It is on this basis that the court awarded the wife an 80 percent share of the matrimonial home, with the husband receiving 20 percent because of his limited but valid non-financial contribution.
The court ruled that matrimonial property should be shared according to each spouse’s proven contribution, despite a partner’s non-financial contribution to the marriage.
According to the judgment, the husband managed the wife’s finances while she focused on training and competing in international marathons.
The wife testified that she entrusted him with her bank cards and prize money, much of it received in foreign currency, allowing him to deposit the funds into his accounts before purchasing various properties.
However, the court found that the husband failed to account for the money entrusted to him and instead attempted to claim ownership of assets largely acquired using the wife’s earnings.
After examining bank records and witness testimony, the court further found that the wife’s marathon winnings, salary and rental income financed the acquisition of most of the disputed properties.
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The judge noted that although the funds were deposited into accounts controlled by the husband, there was no evidence showing that he generated the money used to acquire the assets.
“The Plaintiff rode on the Defendant’s athletic triumphs, inserting himself as the custodian of her finances and overseer of her projects while she laboured in training and competition,” the judge stated.
“The defendant was the financial muscle of the marriage. Her trust was betrayed, her financial strength exploited, and equity demands that she be protected,” Mohochi added.
Justice Mohochi also faulted the husband for disposing of some of the disputed properties while the case was pending despite court orders preserving the assets.
“Such actions frustrate the equitable division of matrimonial property and suggest an attempt to manipulate the properties to his advantage,” the judge added.
It is worth noting that while the law recognises both financial and non-monetary contributions in a marriage, the distribution of assets ultimately depends on the evidence presented in each case.
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