Lending on the security of matrimonial property in Kenya: the issue of spousal consent

Abstract

It was only after the passage of the Married Women’s Property Act that women were even permitted to hold title to real property. These Act, however, only affected a woman’s right to her separate property, acquired by gifts or by her own efforts and titled in her name. The Act did not create any property right in assets titled in her husband’s name. The strict rule against title transfer applied even if the wife was the wage-earner or worked in the husband’s business. Not surprisingly, under this system the husband, as the primary wage-earner and title holder, disposed the matrimonial property subject to his needs, terms and condition. This situation continued for a long time and it largely contributed to the objectification of women.