All templatesSPOUSAL CONSENT
(Section 12 of the Matrimonial Property Act (Cap. 152) and section 79(3) of the Land Act (Cap. 280))
I, ESTHER NYAMBURA KARIUKI, state as follows:
1. I am the spouse of John Kariuki Wanyoike ("my spouse"), to whom I am married under a customary marriage.
2. My spouse proposes to charge the property known as Title No. Nyandarua/Ol Kalou Salient/774 measuring 2.5 acres.
3. I understand the nature and effect of the charge.
Conveyancing & Real Estate
Spousal Consent to Disposition template (Kenya)
What it is for
A sample Spousal Consent to Disposition for use in Kenya, drafted under the Matrimonial Property Act Cap 152 and the Land Act Cap 280.
The Kenyan law it follows
- Matrimonial Property Act Cap 152 — s.6 (what is matrimonial property), s.12(1) (no alienation of matrimonial property by sale, gift, lease, mortgage or otherwise during a monogamous marriage without the consent of both spouses), s.12(5) (the matrimonial home is not mortgaged or leased without the written and informed consent of both spouses)
- Land Act Cap 280 — s.79(3) (a charge of a matrimonial home is valid only if executed or assented to by the chargor and any spouse living in the home)
Who prepares it
This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.
Draft this for your matter
Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.
Sample spousal consent to disposition
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
The rest of this spousal consent to disposition is for Lex members
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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.