What counts as matrimonial property, how contribution is assessed, and what the Supreme Court has said about “equal” division.
Questions about matrimonial property are among the most common — and most emotional — in family law. The Matrimonial Property Act, 2013 and Article 45(3) of the Constitution set out the framework.
What is matrimonial property?
Under the Act, matrimonial property generally includes:
- the matrimonial home or homes;
- household goods and effects in the matrimonial home; and
- any other property, movable or immovable, jointly owned and acquired during the marriage.
Property that one spouse owned before the marriage, or inherited, generally remains theirs — but the other spouse may acquire an interest if they contributed to its improvement during the marriage.
Contribution — monetary and non-monetary
Ownership of matrimonial property vests in the spouses according to their contribution towards its acquisition. Importantly, contribution is not only money. The Act recognises non-monetary contribution such as domestic work and management of the home, child care, companionship and farm work.
Does “equal rights” mean a 50:50 split?
Article 45(3) of the Constitution gives parties to a marriage equal rights at the time of the marriage, during the marriage and at its dissolution. In 2023, the Supreme Court clarified that this equality does not automatically mean a 50:50 division of property. Each spouse must show their contribution, and the court divides the property fairly on the evidence.
Can spouses agree in advance?
Yes. Parties may enter into an agreement before marriage (a prenuptial agreement) to determine their property rights, provided it is not obtained through fraud, coercion or is manifestly unjust.
Protecting your interest
- Keep records of your financial contributions — receipts, bank transfers and loan statements.
- Where land is matrimonial property, a spouse’s consent is generally required before it is sold or charged.
- If you fear property may be sold or transferred during a dispute, seek advice early about protective court orders.
We handle matrimonial property matters with discretion and care. Contact us for a confidential consultation.
