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Matrimonial property -Any lawyer in the house?
Motomoto
#1 Posted : Wednesday, August 29, 2018 9:25:11 PM
Rank: Member


Joined: 11/18/2010
Posts: 503
Location: Kenya
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.
Swenani
#2 Posted : Wednesday, August 29, 2018 9:50:46 PM
Rank: User


Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


With my limited knowledge, I don't think a court can decide on that

Separation is an informal arrangement, how do you expect the court to set the basis for an informal arrangement?
If Obiero did it, Who Am I?
Motomoto
#3 Posted : Wednesday, August 29, 2018 10:32:24 PM
Rank: Member


Joined: 11/18/2010
Posts: 503
Location: Kenya
Swenani wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


With my limited knowledge, I don't think a court can decide on that

Separation is an informal arrangement, how do you expect the court to set the basis for an informal arrangement?

Okay. But guy has invested alot in houses and land. But now he is jobless. He needs money for upkeep. He can't sell anything without the consent of ex. How will he survive?
murchr
#4 Posted : Wednesday, August 29, 2018 10:42:15 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,980
Motomoto wrote:
Swenani wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


With my limited knowledge, I don't think a court can decide on that

Separation is an informal arrangement, how do you expect the court to set the basis for an informal arrangement?


Okay. But guy has invested alot in houses and land. But now he is jobless. He needs money for upkeep. He can't sell anything without the consent of ex. How will he survive?


1. Get consent
2. Get divorced
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Motomoto
#5 Posted : Wednesday, August 29, 2018 11:40:07 PM
Rank: Member


Joined: 11/18/2010
Posts: 503
Location: Kenya
murchr wrote:
Motomoto wrote:
Swenani wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


With my limited knowledge, I don't think a court can decide on that

Separation is an informal arrangement, how do you expect the court to set the basis for an informal arrangement?


Okay. But guy has invested alot in houses and land. But now he is jobless. He needs money for upkeep. He can't sell anything without the consent of ex. How will he survive?


1. Get consent
2. Get divorced

How do you get consent from someone who doesn't want to cooperate? Divorce is the best option. But that takes years to finalise? How will my friend survive all those years?
jokes
#6 Posted : Thursday, August 30, 2018 12:03:09 PM
Rank: Member


Joined: 7/1/2008
Posts: 323
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Interesting. That sounds like someone i know.
2012
#7 Posted : Thursday, August 30, 2018 12:28:50 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Nope. Without divorce the property belongs to the person the property is listed under. If the property is co-own or in shares then they can sell and divide the loot.

BBI will solve it
:)
tycho
#8 Posted : Thursday, August 30, 2018 2:25:29 PM
Rank: Elder


Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
Your friend appears to be in a catch 22.

He/she probably can't lodge any prayers in a court of law because (she) has no money in the first place.

But if her claim is valid, and she can get a sponsor, there's a probability of success if a lawfare strategy is enacted.

For example, target the most serious sources of income with injunctions with an aim to disable normal life till the man seeks a deal...

It may also be possible to lodge other forms of civil action but it depends on the creativity of the people involved.

Another action could be 'steal' or 'rob' using reasonable force and claim innocence as what has been taken is hers and she's therefore not criminally liable.

You could even combine accordingly...
Motomoto
#9 Posted : Thursday, August 30, 2018 2:29:03 PM
Rank: Member


Joined: 11/18/2010
Posts: 503
Location: Kenya
jokes wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Interesting. That sounds like someone i know.

These things are happening every minute.
muandiwambeu
#10 Posted : Thursday, August 30, 2018 3:16:38 PM
Rank: Veteran


Joined: 8/28/2015
Posts: 1,247
Motomoto wrote:
jokes wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Interesting. That sounds like someone i know.

These things are happening every minute.

Very easy, get a credit with first charge on your share,since the risk is very high, discount the asset in question to Meke it appettising.divorce is very easy. With a cooperative ex.general.
Route 2
Swear with all blood u never want anything to do with the partnership you entered between you and you ex. Convince her life will be easier without each other. If she refuses make your partners life a little hell on Earth until they swear to kill u if you don't part ways.
Carnivorise movable assets, impend any logical decision and sabotage any working plan by unconsenting and demanding accounts and accousing your partner of unfaithfulness. Refuse to coorperate and refuse the other partner from acting as your agent.
If they say your uncorperative, remind them to put it on paper and tell the artoney. Remind to say by signing between the lines and present a proposal asset settlement plan. If that's not enough, invite a few PAs to be with you. A few house girls or attorneys for a samaritan accommodation. Ask a muganga to be u night Lord and give him an office in your compound.
If at this point you are having some little percentage of sanity remaining in your head, go borrow a cross bow and make an archery in your compound. Just paint the ring on a Matt and mount it accross the hell way, at the big day mark the point and don't close your eyes. You have to get it right the first time. Then, there are after u are the king in the palace.
That's the opposite of making a friend, that is being non-friendly. Be a bad neighbour. Don't touch any one. Just do anything you wise with the assets, after all the partnership is no longer working and there are no boundaries to make u a chosen neighbour. Unlearn, and relearn the other side of the coin, they all exist together and your partner is aheand in that game.
And as my learned friends always say, say anything, but let it reflect in a bank I control is my final statement. You may have dated on a good mood day and the moods may just get wrong. Period.self preservation. πŸ€”
,Behold, a sower went forth to sow;....
mkenyan
#11 Posted : Thursday, August 30, 2018 3:36:00 PM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
2012 wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Nope. Without divorce the property belongs to the person the property is listed under. If the property is co-own or in shares then they can sell and divide the loot.

transfer of land nowadays require consent of one's spouse whether it is solely in your name or not.
Ryko
#12 Posted : Thursday, August 30, 2018 4:46:40 PM
Rank: Member


Joined: 5/27/2016
Posts: 274
Location: Pub
Just thinking out loudly & wondering:

When doing an asset transfer (specifically leases/sublease) i.e. land (sublease) and apartments like (sublease). The lawyer asked for this three documents:

1. photocopy ID of spouse - easy to get without her knowledge

2. passport photo spouse- easy to get without her knowledge

3. Fill a form with signature- easy to draw

I am just wondering how difficult is it to get this things from a partner or ex? The only difficult thing here is the signature, i think it is very easy to copy a signature kama ni kubaya.

The only challenge may be the lands board- but i hear you can hire a slay queen to represent the ex.

By the time inajulikana umepocket $$
I work so I can afford the amount of alcohol required to continue going to work
Angelica _ann
#13 Posted : Thursday, August 30, 2018 4:48:51 PM
Rank: Elder


Joined: 12/7/2012
Posts: 11,908
Ryko wrote:
Just thinking out Loudly & wondering:

When doing an asset transfer (specifically leases/sublease)i.e land (sublease) and apartments like (sublease). The lawyer asked for this three documents
1. photocopy ID of spouse - easy to get without her knowledge
2. passport photo spouse- easy to get without her knowledge
3. fill a form with signature- easy to draw

I am just wondering how difficult is it to get this things from a partner or ex? The only difficult thing here is the signature, i think it is very easy to copy a signature kama ni kubaya.

The only challenge may be the lands board- but i hear you can hire a slay queen to represent the ex.


Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
Wakanyugi
#14 Posted : Thursday, August 30, 2018 7:46:03 PM
Rank: Veteran


Joined: 7/3/2007
Posts: 1,634
Wow!

We have some diabolical minds in this Wazuastan.

I have to start avoiding dark alleys
"The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)
Motomoto
#15 Posted : Thursday, August 30, 2018 9:13:34 PM
Rank: Member


Joined: 11/18/2010
Posts: 503
Location: Kenya
Angelica _ann wrote:
Ryko wrote:
Just thinking out Loudly & wondering:

When doing an asset transfer (specifically leases/sublease)i.e land (sublease) and apartments like (sublease). The lawyer asked for this three documents
1. photocopy ID of spouse - easy to get without her knowledge
2. passport photo spouse- easy to get without her knowledge
3. fill a form with signature- easy to draw

I am just wondering how difficult is it to get this things from a partner or ex? The only difficult thing here is the signature, i think it is very easy to copy a signature kama ni kubaya.

The only challenge may be the lands board- but i hear you can hire a slay queen to represent the ex.


Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly

πŸ˜‚πŸ˜‚πŸ˜‚
This you can do if the property in question is not of so much value.But in Kenya today where people can sell a house in mars people will carry out due diligence, unless one is dumb.
Swenani
#16 Posted : Friday, August 31, 2018 8:12:57 AM
Rank: User


Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
Ryko wrote:
Just thinking out loudly & wondering:

When doing an asset transfer (specifically leases/sublease) i.e. land (sublease) and apartments like (sublease). The lawyer asked for this three documents:

1. photocopy ID of spouse - easy to get without her knowledge

2. passport photo spouse- easy to get without her knowledge

3. Fill a form with signature- easy to draw

I am just wondering how difficult is it to get this things from a partner or ex? The only difficult thing here is the signature, i think it is very easy to copy a signature kama ni kubaya.

The only challenge may be the lands board- but i hear you can hire a slay queen to represent the ex.

By the time inajulikana umepocket $$


why go through all this when you can avoid this by being a man and buy all the properties in your name without asking support from your lady. Her money is her's while your money is for both of you but the property is yours
If Obiero did it, Who Am I?
simonkabz
#17 Posted : Friday, August 31, 2018 8:23:33 AM
Rank: Elder


Joined: 3/2/2007
Posts: 8,776
Location: Cameroon
mkenyan wrote:
2012 wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Nope. Without divorce the property belongs to the person the property is listed under. If the property is co-own or in shares then they can sell and divide the loot.

transfer of land nowadays require consent of one's spouse whether it is solely in your name or not.


True.

But this is still the good old Kenya πŸ‡°πŸ‡ͺ where stuff happens.

Tell your friend to be a real Kenyan πŸ’°πŸ’΄πŸ’²πŸ’·πŸ’ΆπŸ’΅ and sell his properties, Ala!
TULIA.........UFUNZWE!
Kusadikika
#18 Posted : Friday, August 31, 2018 6:19:03 PM
Rank: Elder


Joined: 7/22/2008
Posts: 2,703
Kama ulioa mtu:

Plead and beg and try to come to a level headed agreement that is beneficial for all parties involved. Look to the future and do what is best for both of you even if you have disagreements now.

Kama ulioa nyoka:

Refer to post #10 above.
Ryko
#19 Posted : Friday, August 31, 2018 7:24:36 PM
Rank: Member


Joined: 5/27/2016
Posts: 274
Location: Pub
Motomoto wrote:
Angelica _ann wrote:
Ryko wrote:
Just thinking out Loudly & wondering:

When doing an asset transfer (specifically leases/sublease)i.e land (sublease) and apartments like (sublease). The lawyer asked for this three documents
1. photocopy ID of spouse - easy to get without her knowledge
2. passport photo spouse- easy to get without her knowledge
3. fill a form with signature- easy to draw

I am just wondering how difficult is it to get this things from a partner or ex? The only difficult thing here is the signature, i think it is very easy to copy a signature kama ni kubaya.

The only challenge may be the lands board- but i hear you can hire a slay queen to represent the ex.


Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly

πŸ˜‚πŸ˜‚πŸ˜‚
This you can do if the property in question is not of so much value.But in Kenya today where people can sell a house in mars people will carry out due diligence, unless one is dumb.


Yes at least you have confirmed it can be done easily. People do "due diligence" but the partner part is a blind spot.
I work so I can afford the amount of alcohol required to continue going to work
Ryko
#20 Posted : Friday, August 31, 2018 7:29:24 PM
Rank: Member


Joined: 5/27/2016
Posts: 274
Location: Pub
Swenani wrote:
Ryko wrote:
Just thinking out loudly & wondering:

When doing an asset transfer (specifically leases/sublease) i.e. land (sublease) and apartments like (sublease). The lawyer asked for this three documents:

1. photocopy ID of spouse - easy to get without her knowledge

2. passport photo spouse- easy to get without her knowledge

3. Fill a form with signature- easy to draw

I am just wondering how difficult is it to get this things from a partner or ex? The only difficult thing here is the signature, i think it is very easy to copy a signature kama ni kubaya.

The only challenge may be the lands board- but i hear you can hire a slay queen to represent the ex.

By the time inajulikana umepocket $$


why go through all this when you can avoid this by being a man and buy all the properties in your name without asking support from your lady. Her money is her's while your money is for both of you but the property is yours


@swenani The property i was transferring was in my NAME. Everything was in my name but i was given a form and asked for all those consent documents. This is what is happening currently, you need consent ata kama iko kwa jina yako tu. I was astonished for a second after being asked for this 3 documents yet clearly everything was in my name, then i began thinking "What if.." so now i have ID/Passports stashed somewhere.
I work so I can afford the amount of alcohol required to continue going to work
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