Property division after divorce

Golf superstar Tiger Woods may lose Sh58 billion as part of a divorce settlement with Swedish wife Elin Nordegren.

Property running into billions of shillings would also be split as the looming break-up dominates international headlines. Furthermore, Elin may be richer if she rejects a confidentiality clause that would prevent her ever writing a book about the divorce.

Locally, similar scenes play out over division of matrimonial property as couples seek to end marriages in court.

For Kenyan women things may never go the Elin way. They must mainly prove their financial contribution to the matrimonial property they demand on divorce. For starters, courts define matrimonial property as property bought through joint efforts of husband and wife during marriage. For instance, if an estranged wife claims an apartment, she must prove her financial input.

Property previously owned by either spouse before marriage may form matrimonial property if developed through joint efforts.

Contributions

However, there are judicial precedents where courts have considered indirect contribution of spouses towards acquiring property. Legally, indirect contribution of a spouse could be love and affection, taking care of household expenses like buying food, clothes and paying fees for children, electricity and water bills.

But recently, courts have stated that indirect contribution do not necessarily entitle a wife to a share of the matrimonial property.

According to the Federation of Women Lawyers in its book A Woman’s Guide to Law, keeping of receipts is the way to go. For instance, married women must produce evidence of receipts, bank statements and bills to prove their contribution to investments!

There are instances when a judge may order the disputed property to be sold and money distributed according to proportion each spouse contributed.

Therefore, had Elin been Kenyan, she would be forced to produce documents showing her financial contribution to their estate with Woods.

Elin reportedly wants their new Sh6.4 billion Jupiter Island mansion in Martin County, Florida as part of their divorce settlement, according to Radar Online.

Some of the wealthiest people in the US live on the Island, which has the nation’s second highest per capita income.

Elin reportedly helped to design the mansion that is nearly complete, and has a good network of friends in the nearby area.

But Tiger may not want to part with the property over its ultra-modern gym and oxygen therapy room that were specially built for him.

However, allowing Elin to take the property would make child visitations easy for him, following their divorce.

The writer is a lawyer and journalist.