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—
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