Legal Issues Arising in the Buying of Property – SPOUSAL CONSENT [Part 5]

I will now go back to our considerations on the capacity of a proprietor to sell their property.

We have now established you can sell the property, but an important aspect is that you will need your spouse to consent to the sale of the property.

This requirement was introduced to protect matrimonial property. There was a trend amongst married couples where one would enter into transactions to sell or charge the matrimonial property without the other spouse’s knowledge, thus leaving the other destitute. Many people were evicted from their homes in this manner.

To protect married couples, you are now required to provide spousal consent when selling your property.

Again there are instances where you might have hidden your property from your spouse and or intend to sell the property without their knowledge, and you, therefore, procure their signatures through fraudulent means, arguing they shall not discover after all.

In such an instance, you would be accountable for the fraudulent actions and remember that forgery is punishable with a jail term.

Be further advised that we shall not be held liable in the event you rely on the information herein without a further in-depth consultation based on your unique circumstances as the same is a general guideline. Our team at Wachira Wanjiru & Company Advocates continue to be available for any consultations that you may require with regard to arising legal issues. Contact us on info@wachirawanjiru.co.ke or +254720790133 for your business needs.