Planning to sell land or real estate to a company or institution? Then be prepared to let your spouse know that you are about to dispose of your property.
It may be just a piece of land you bought without your better half’s knowledge and you want to sell it for a quick buck.
But as long as you are married, most lawyers will be adamant that your partner’s consent has to be obtained. And if you are single, you may have to swear an affidavit to that effect.
The reason why some lawyers and companies stand their ground in such deals is the Land Registration Act 2012 — the legislation that applies when property is transferred from one name to another — which has drawn the chagrin of many men since its assent.
“The Land Registration Act assumes that there is joint ownership of any property owned by married people,” explains lawyer Moses Owuor of Nairobi-based MMA Advocates.
Mr Ezekiel Karanja Ndune came face-to-face with the application of that law when the High Court in Nairobi made a ruling in a land case in December 2014.