I have followed several reports in the mainstream media on how some families are left on crossroads after a parent dies without leaving a will. What comes to mind is what happens if a person writes a will and wants to change it before he or she dies? – Levi, Nairobi It is possible for property owners to change heirs named in wills several times. A section of conveyancers (property lawyers) who draft wills, concur that the fear of many home and land owners is the belief that wills are cast in stone. There are also some who avoid wills…
Author: Harold Ayodo
Why more couples are choosing joint property ownership in Kenya Joint ownership of property is rapidly gaining momentum among couples, driven by the increasing economic empowerment of women. Traditionally, women in relationships preferred having property registered in their partner’s name, despite contributing financially towards the purchase. Fast forward today, the trend is shifting as more informed and empowered women insist on being registered as co-owners of homes, plots or any other property they have helped acquire. A majority of property lawyers in Nairobi agree that joint ownership is becoming a common choice among spouses investing in the lucrative real estate…
Kamuzungu Homestay Resort in Yimbo East, Siaya. {Isaiah Gwengi/Standard]. I have identified an appealing beachfront property which I intend to buy to construct a retirement home. However, there was a presidential directive issued decades ago requiring permission from the President before buying such property. Is the directive still in force? Hannah, Nairobi. Permission from the President is no longer required before purchasing a seafront property at the Coast following a ruling by the Court of Appeal. A directive issued by President Jomo Kenyatta in 1970 required buyers of first and second row beach properties to seek a Presidential clearance and…
A land lease agreement. (Courtesy/iStock) Committing offences related to property transactions are becoming increasingly common as the demand for land continues to rise countrywide. Cases have been reported where parties to property transactions knowingly make false statements, either orally or in writing. Others fraudulently procure the registration of title deeds, certificates of lease, or amendments to documents in land registries. Can such offences be penalised by law? Wangari, Nairobi According to the Land Registration Act, committing such offences can lead to penalties, including fines not exceeding Sh5 million, imprisonment for a term not exceeding five years, or both. A majority…
An unhappy couple. (Courtesy) My husband has been acting strange and I suspect he is in another relationship. What happens if my husband marries a second wife yet we own property jointly? Does it mean she gets a share of my property? How can I protect myself? Maya, Nairobi Disputes over division of matrimonial property tore apart polygamous families after the death of a spouse or divorce before enactment of the Matrimonial Property Act, 2013. Since the enactment of the Matrimonial Property Act seven years ago, the law defined matrimonial property to mean matrimonial home(s). It also means household goods…
An unhappy couple. (Courtesy) Where does the law stand now about property division upon divorce? Does property registered individually — not jointly, have to be shared? Mwaura, Nairobi The Matrimonial Property Act, 2013 is the law that provides on how spouses should share property upon divorce. For starters, the law says that matrimonial property is owned according to the contribution made by the spouses in either acquiring or improving the investment. It may sound awkward but it may be reasonable for a spouse to keep receipts, which may later come in handy to prove financial contributions made towards acquiring or…
Land for sale. (Courtesy) I have identified a plot that I want to buy but the seller says that I must give him a down payment of at least 10 per cent of the purchase price as the process of transferring the title deed into my name continues. It is my first time to have prospects into buying property and would appreciate to know whether the law actually provides for payment of deposits and whether there is a specific amount that should be paid. Hope, Nairobi. It is okay to pay the down payment/deposit to the seller after conducting an…
A happy couple. (Courtesy/iStock) I attended a property luncheon recently where the guest speaker said there had been instances where ‘spouses’ are hired to sign off consent for property transactions. If true, could this make it possible for a fraudulent transactions of matrimonial property? Natasha, Nairobi Yes, there were such cases where some people ‘hired’ partners for transaction of matrimonial property nearly a decade ago when the Land Registration Act 2012 came into force. The Land Registration Act (LRA) is explicit on consent of a spouse before any transaction on matrimonial property. Section 93 of the LRA provides that subject…
Title deed. (Courtesy) There was a story in the media this week about how several title deeds were allegedly stolen from a Government office. There have also been circumstances whereby someone may lose a title deed either when moving houses or when the house burns down. In such circumstances, is it possible to get a duplicate from the Ministry of Lands? Patricia, Nairobi The law provides that a registered title deed holder can apply to the registrar for a duplicate title deed or certificate of lease. Section 31 of the Land Act 2012 provides that the investors only need to produce evidence…
A couple buying a house. (Courtesy/iStock) There is a property that we intend to buy as an investment group in Nairobi. We undertook our own necessary due diligence and were ready to pay the deposit when our lawyer raised concerns that it sits on grabbed land. Can we proceed to buy the property as many buildings in the city are either on grabbed land or irregularly acquired property but have never been reclaimed nor recovered since independence? Harry, Nairobi. It is not advisable to proceed and buy a property that sits on illegally or irregularly acquired land as advised by…
A couple signing a document. (Courtesy/iStock) I am following up on a recent article in this column on matrimonial property. I am interested in knowing what would happen if my husband marries a second wife yet we own property with him jointly? Does it mean she gets a share of my property? How can I protect myself? Maria, Nairobi Disputes over the division of matrimonial property tore apart polygamous families after the death of a spouse or divorce before the enactment of the Matrimonial Property Act, 2013. Since the enactment of the Matrimonial Property Act seven years ago, the law…