Family and ancestral land disputes
Many Kenyan property disputes turn on unregistered family arrangements over ancestral land — promises made decades earlier, oral allocations by deceased parents, and contributions to development by some children but not others. We pursue and defend such claims through declaratory suits, succession objections and constructive-trust arguments.
Matrimonial property
Under the Matrimonial Property Act, 2013, matrimonial property is divided on divorce according to each spouse's contribution — monetary and non-monetary, including domestic work and child-rearing. We advise on division, valuation and the protection of beneficial interests through cautions and inhibitions.
Co-ownership and joint tenancies
Disputes among co-owners of investment property, shareholders in private companies that hold land, and joint tenants on bank charges are routine. The Land Act, 2012 sets out the rights of joint tenants and tenants in common and the mechanisms for severance and partition.
Constructive trusts and contribution claims
Where one party paid for property registered in another's name — a parent paying for a child, an unmarried partner contributing to a home, a relative contributing to ancestral land — equitable claims for a constructive or resulting trust can recover the beneficial interest.
Protective remedies
While a dispute is pending we routinely lodge cautions and inhibitions at the Land Registry, restraining further dealings until ownership is determined.
Frequently asked questions
Who owns matrimonial property in Kenya on divorce?+
Under the Matrimonial Property Act, 2013 the court divides matrimonial property in proportion to each spouse's contribution — both monetary and non-monetary. Non-monetary contributions, including child-rearing and management of the home, are expressly recognised.
Can I claim land registered in my late father's name as one of his children?+
Yes — through the succession process under the Law of Succession Act. Land registered in a deceased person's name passes to the dependants in shares determined by the Act or by the will, after the grant of representation is confirmed.
What is a caution on a title?+
A caution is a Land Registry entry that prevents any dealing on the title without first notifying the cautioner. It is commonly lodged to protect a beneficial interest while a dispute is pending.
Can siblings sell ancestral land without all heirs consenting?+
Generally no. After confirmation of a grant of representation, the land is held by the administrators in trust for all dependants. A sale typically requires the consent of all beneficiaries or a court order; sales without consent are routinely set aside.
What is the difference between joint tenancy and tenancy in common?+
Joint tenants own the whole property together with a right of survivorship — when one dies, the other(s) inherit automatically. Tenants in common own distinct shares that pass on death to the beneficiaries of the deceased's estate.