The Matrimonia{Property Bill, 2013
385
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after the man marries another wife shall be
regarded as owned by the man and the other
wives taking irtto account any contributions
made by the man and each of the wives.
(2) Despite subsection (I )(b), where it is clear by
agreement of the parties that a wife shall have her
matrimonial property with the husband separate from that
of the other wives, then any such wife shall own that
matrimonial property equally with the husband without
the participation of the other wife or wives.
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9. Where one spouse acquires property before or
during the marriage and the property acquired during the
marriage does not become matrimonial property, but the
other spouse ma~es a contribµtion towards the
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· Acquisilion of
interest in
property by
contribution.
improvement of the property, the spouse whQ makes a
I contribution ac'quires a beneficial interest in trre property
·! equal to the contribution made.
10.( l) Any liability incurred by a spouse before the
marriage and . relating . to the property shall, after
marriage, remain the liability of the spouse who incurred
it.
Spousal liability.
(2) Despite subsection ( l ), any liability that was
reasonably and justifiably incurred shall, if the property
becomes matrimonial property be equally shared by the
spouses, unless they otherwise agree.
(3) Par.ties to a marriage shall share equally any- ·
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(a) liability incurred during the subsistence of the
marriage; or
(b) reasonable and justifiable expense incurred
for the benefit of the marriage.
11. During the division of matrimonial property
between and among spouses, the customary law of. the
communities in question shall, subject to the values and
principles Qf the Constitution, . be taken into account
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Consideration 6r
customary law
principles.