Affidavit of Spousal Consent in Kenya

Affidavit of Spousal Consent in Kenya

An affidavit of Spousal Consent in Kenya is required by Law to show that the spouse has consented to dealings in property related to Marital Property.

The Matrimonial Property Act, and Land Registration Act, 2012 require spousal consent for transactions involving matrimonial property. Section 12 of the Matrimonial Property Act prohibits the transfer or alienation of such property without consent. Section 93 of the Land Registration Act mandates consent for dealings in land used as a matrimonial home.

Matrimonial Property consists of property acquired jointly during marriage or a Matrimonial Home.

Requirements for the Affidavit of Spousal Consent in Kenya

1. Identification of Parties: Full names and ID details of both spouses.
2. Property Details: Title number, location, and transaction type.
3. Consent Declaration: Confirmation of informed and voluntary consent.
4. Legal Acknowledgment: Declaration of understanding the transaction’s implications.
5. Commissioning: Signed and stamped by an advocate or notary public.
6. Supporting Documents: Marriage certificate and property title deed.

Process for Obtaining an affidavit of Spousal Consent in Kenya

1. Engage an advocate to draft the affidavit.
2. Include all required details and declarations.
3. The consenting spouse signs in the presence of the advocate or notary public.
4. The affidavit is commissioned and stamped by the legal professional.
5. Submit the affidavit with the transaction documents at the Land Registry.

We can assist you obtain the Affidavit of Spousal Consent in Kenya. Contact us at info@swkadvocates.com