If you are a Kenyan living abroad, own a house in Kenya, or are married to someone who does, you have probably asked yourself this question at least once: “If we divorce while living abroad, who gets the house in Kenya?” You are not alone.
Thousands of Kenyans in the diaspora face this worry every year.
At Chepchieng and Company Advocates, a law firm that assists many Kenyans in the diaspora with property transactions and estate planning, as well as property matters.
We see these cases every week, so everything I tell you here is real and up-to-date as of 2025.
How Is Property Divided After Divorce in Kenya?
In Kenya, the primary law governing the division of property after divorce is the Matrimonial Property Act 2013.
The law does not automatically divide everything 50-50. Instead, the court looks at who contributed to the property. Contribution can be monetary or non-monetary (such as taking care of the home and children).
So, when the judge asks, “Who gets the house in Kenya?” the answer depends on proof of contribution.
Is the House Matrimonial Property in Kenya?
Not every house is matrimonial property in Kenya. A house becomes matrimonial property if:
- It was bought during the marriage
- It was used as the family home
- Both spouses contributed to it in some way
If you bought the house in Kenya before marriage and your spouse never contributed anything (not even household chores), the court can rule that it is not matrimonial property.
But this is rare. Most houses in Kenya bought during marriage are treated as marital property.
Does Contribution Matter in House Ownership During Divorce?
Yes, 100%. The Matrimonial Property Act 2013 states that contribution is the most critical factor.
If one spouse paid for the house in Kenya and the other spouse stayed home and raised the children, the court still considers the homemaking as a contribution. Many Kenyans living abroad are surprised to learn this.
Can a Spouse Claim Property in Kenya While Abroad?
Yes. Even if you are living in the UK, USA, Canada, Australia, or anywhere else, your spouse can still claim a share of the house in Kenya. Distance does not stop the claim.
Does a Foreign Spouse Get the House in Kenya?
A foreign spouse has the same rights as a Kenyan spouse regarding matrimonial property in Kenya.
Suppose you are a Kenyan citizen married to a foreign national, and you divorce.
In that case, the foreign spouse may be entitled to claim a portion of the house in Kenya if they contributed to its acquisition. The court does not care about nationality.
What Happens to Kenyan Property in an International Divorce?
This is the big question for diaspora divorce in Kenya. If you divorce abroad, the foreign court can decide everything except land in Kenya.
Kenyan law stipulates that only Kenyan courts can issue final orders regarding land and houses in Kenya.
Even if a court in London or New York grants your spouse ownership of the house in Kenya, that order is ineffective here unless a Kenyan court also agrees.
Many Kenyans come to us after obtaining a foreign divorce, only to discover that the house in Kenya is still in dispute.
Rights of Kenyan Diaspora During Divorce
If you hold dual citizenship or are a Kenyan living abroad, you still retain full rights to your property in Kenya.
The Kenyan constitution protects your property rights. But you must act fast because your spouse can file a case in Kenya even while you are away.
How Courts Decide Matrimonial Property in Kenya
The judge looks at:
1. Who paid for the house in Kenya (direct monetary contribution)
2. Who took care of the family (non-monetary contribution)
3. How the title deed is written (joint or individual name)
4. When the house was bought (before or during marriage)
5. What is fair for children (if any)
There is no fixed formula. Every case is different.
Joint Ownership vs Individual Ownership Divorce Kenya
– Joint ownership: Both names on the title. Very easy, the house is usually shared according to contribution.
– Individual ownership: Only one name on the title. The spouse without the name must prove contribution to get a share of the house in Kenya.
What If the Land Title Is in One Spouse’s Name in Kenya?
Many Kenyans put the house in Kenya in only one name (usually the husband). This does not automatically mean the other spouse gets nothing.
The spouse without the name can still go to court and ask for a share if they contributed.
How to Stop a Spouse from Selling the House During Divorce in Kenya
This happens frequently in diaspora divorce cases in Kenya. One spouse comes to Kenya quietly and tries to sell the house.
You can stop this by asking your lawyer in Kenya to file a caveat or injunction at the land registry. At Chepchieng and Company Advocates, we do this the same day for clients abroad.
How to Protect Your House in Kenya During Divorce Abroad (Simple & Practical Steps)
Here are the five most important things you can do right now to keep your house in Kenya safe when divorce is coming, even if you are living in another country:
Step 1. Register a caveat on the title deed as soon as possible
A caveat is a warning notice put on the land records. Once it is there, nobody can sell, transfer, or take a loan against the house in Kenya without your knowledge and permission.
It costs very little and can be done the same day by your lawyer in Nakuru. This is the fastest way to stop your spouse from secretly selling the house in Kenya.
Step 2. File your divorce or property case in Kenya first
The person who files first in Kenya usually has the advantage. Kenyan courts will decide everything about the house in Kenya, even if you are divorcing abroad.
Filing first protects your rights and stops your spouse from rushing to court behind your back.
Step 3. Keep clear records of every payment for the house in Kenya
Save bank transfers, M-Pesa messages, emails, receipts for building materials, loan statements, everything.
These papers prove your contribution. The spouse with better evidence usually receives a larger share (or retains the entire house in Kenya). Start a folder today, even on your phone.
Step 4. Make a post-nuptial agreement (yes, it is allowed in Kenya)
If you and your spouse can still communicate calmly, you can sign a legal agreement that specifies exactly who will retain the house in Kenya in the event of a divorce.
Kenyan courts respect these agreements as long as they are fair and signed in front of a lawyer. It is cheaper and faster than fighting in court later.
Step 5. Talk to a Kenyan divorce lawyer for the diaspora as early as possible
Do not wait until papers are served on you. One phone call or WhatsApp message can save your house in Kenya.
At Chepchieng and Company Advocates, we work with Kenyans worldwide every day. We can place the caveat, file the case, and guide you step-by-step, all while you stay abroad.
Take action today. Protecting your house in Kenya is much easier and cheaper before the fight starts. Please send us a message right now and let us help you secure what you worked hard for.
How to File for Divorce in Kenya from Abroad
You do not need to come to Kenya. You can file for a divorce in Kenya from abroad through a lawyer. We do this every week for clients in the USA, UK, UAE, and many other countries.
Statistics That Will Surprise You
Over 300,000 Kenyans live in the USA alone (2024 data)
Kenya High Court handled over 1,800 matrimonial property cases in 2024 – many involving the diaspora
About 65% of family property disputes in Kenya now have an international element
More than 40% of houses in Kenya bought by diaspora are registered in one spouse’s name only
Why You Need a Kenya Divorce Lawyer for Diaspora
A lawyer who understands both Kenyan divorce property laws and international cases will save you time and money.
At Chepchieng and Company Advocates, we have helped hundreds of Kenyans living abroad maintain or share their homes in Kenya in a fair and equitable manner.
FAQs
Who gets the house after a divorce in Kenya?
No one automatically gets the house. The court considers who contributed money or effort (such as paying the mortgage, building, or caring for the family). The person with more substantial proof usually receives a larger share or retains the house in Kenya.
Can a foreign spouse claim ownership of a house in Kenya?
Yes. Nationality does not matter. If the foreign spouse paid money, helped improve the house, or supported the family so that the other could afford it, they can claim a share of the house in Kenya.
How does divorce work for Kenyans living abroad?
You can initiate the divorce in the country where you reside, but a Kenyan court must ultimately decide any matters related to land or a house in Kenya. Many people file the property case directly in Kenya to avoid problems.
Can I get a divorce in Kenya while living abroad?
Yes, very easily. You don’t need to come back. A lawyer can file and attend court for you. We do this every week for clients in the UK, USA, Canada, UAE, and Australia.
Do Kenyan courts recognize foreign divorces?
Yes, they accept that you are divorced. But if the foreign court said “my spouse gets the house in Kenya”, Kenyan courts will ignore that part because only they can decide about land in Kenya.
Does a spouse automatically get 50% of the house in Kenya?
No. Kenya does not follow the 50-50 rule. The judge decides the fair percentage based on each person’s contribution. It can be 70-30, 90-10, or even 100-0 in some cases.
Is a house bought before marriage considered matrimonial property?
Normally no. If you bought the house in Kenya before the wedding with your own money, it stays yours. However, if your spouse later pays for renovations, the mortgage, or rates, they can claim part of the increase in value.
How do I protect my house in Kenya during a divorce?
Three quick steps:
1. Ask your lawyer to place a caveat at the land registry (stops any sale or transfer).
2. File for an injunction (court order) to stop the spouse from selling or renting it.
3. Start your case in Kenya fast – the first person to file usually has an advantage.
Does customary marriage affect who gets the house in Kenya?
Yes, a little. In customary marriage in Kenya, some communities follow traditional rules, but since 2013, the Matrimonial Property Act has applied to everyone. Contribution is still the main factor.
What happens if the house in Kenya is jointly owned?
When both names are on the title deed, the court almost always treats it as matrimonial property. It will either divide the house according to the contributions or sell it and share the proceeds. Keeping it 50-50 is rare unless both contributed equally.
If any of these answers concern you, please send us a WhatsApp message today at Chepchieng and Company Advocates. We will review your title deed and inform you exactly where you stand – for free during the first call.
Final Words
Going through a divorce while living abroad is stressful, but you don’t have to lose sleep over who gets the house in Kenya. The law is clear: contribution is king, and Kenyan courts have the final say over any house in Kenya.
If you have any concerns about your property in Kenya, please don’t hesitate to contact us today. At Chepchieng and Company Advocates, we offer a free 30-minute call to every Kenyan in the diaspora.
We will review your title deed, marriage certificate, and situation to determine exactly where you stand.
You worked hard for your house in Kenya. Let us help you protect it.
Contact Chepchieng and Company Advocates today.
Email: info@chepchiengassociates.co.ke
Phone/WhatsApp: +254 18 724 409
We answer messages even on weekends because we know divorce stress does not wait for Monday.
You’ve got this, and we’ve got your back.
