Bill No. 19 Marriage And Divorce Bill 2009 127. Contribution to property acquired before and during the marriage (1) Where a spouse acquires property before or during the marriage and the property does not fall within matrimonial property as defined in section 115, but his or her spouse makes a contribution towards the improvement of that property, be it monetary or in kind, the spouse without the interest shall acquire a beneficial interest equivalent to the contribution she or he made. (2) The property referred to in subsection (1), excludes ancestral property. 128. Matrimonial property in polygamous marriage Where a husband has more than one wife in a polygamous marriage, ownership in common of property between the husband and each particular wife shall be determined as follows— (a) matrimonial property acquired by the husband and the first wife shall be owned in common by the husband and the first wife in respect of the matrimonial property acquired before the husband married the second wife; and (b) the subsequent wives shall take interest only in the husband’s share of the matrimonial property. 129. Transactions related to the matrimonial property (1) A transaction shall not be entered into in respect of any matrimonial property except with the prior written consent of the other spouse. (2) Consent referred to in subsection (1) shall not be unreasonably withheld. (3) Notwithstanding subsection (1), the court may on application, dispense with the consent of a spouse if it is satisfied that— 54

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