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Matrimonial property -Any lawyer in the house?
Motomoto
#1 Posted : Wednesday, August 29, 2018 9:25:11 PM
Rank: Member

Joined: 11/18/2010
Posts: 503
Location: Kenya
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.
Swenani
#2 Posted : Wednesday, August 29, 2018 9:50:46 PM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


With my limited knowledge, I don't think a court can decide on that

Separation is an informal arrangement, how do you expect the court to set the basis for an informal arrangement?
If Obiero did it, Who Am I?
Motomoto
#3 Posted : Wednesday, August 29, 2018 10:32:24 PM
Rank: Member

Joined: 11/18/2010
Posts: 503
Location: Kenya
Swenani wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


With my limited knowledge, I don't think a court can decide on that

Separation is an informal arrangement, how do you expect the court to set the basis for an informal arrangement?

Okay. But guy has invested alot in houses and land. But now he is jobless. He needs money for upkeep. He can't sell anything without the consent of ex. How will he survive?
murchr
#4 Posted : Wednesday, August 29, 2018 10:42:15 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Motomoto wrote:
Swenani wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


With my limited knowledge, I don't think a court can decide on that

Separation is an informal arrangement, how do you expect the court to set the basis for an informal arrangement?


Okay. But guy has invested alot in houses and land. But now he is jobless. He needs money for upkeep. He can't sell anything without the consent of ex. How will he survive?


1. Get consent
2. Get divorced
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Motomoto
#5 Posted : Wednesday, August 29, 2018 11:40:07 PM
Rank: Member

Joined: 11/18/2010
Posts: 503
Location: Kenya
murchr wrote:
Motomoto wrote:
Swenani wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


With my limited knowledge, I don't think a court can decide on that

Separation is an informal arrangement, how do you expect the court to set the basis for an informal arrangement?


Okay. But guy has invested alot in houses and land. But now he is jobless. He needs money for upkeep. He can't sell anything without the consent of ex. How will he survive?


1. Get consent
2. Get divorced

How do you get consent from someone who doesn't want to cooperate? Divorce is the best option. But that takes years to finalise? How will my friend survive all those years?
jokes
#6 Posted : Thursday, August 30, 2018 12:03:09 PM
Rank: Member

Joined: 7/1/2008
Posts: 323
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Interesting. That sounds like someone i know.
2012
#7 Posted : Thursday, August 30, 2018 12:28:50 PM
Rank: Elder

Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Nope. Without divorce the property belongs to the person the property is listed under. If the property is co-own or in shares then they can sell and divide the loot.

BBI will solve it
:)
tycho
#8 Posted : Thursday, August 30, 2018 2:25:29 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
Your friend appears to be in a catch 22.

He/she probably can't lodge any prayers in a court of law because (she) has no money in the first place.

But if her claim is valid, and she can get a sponsor, there's a probability of success if a lawfare strategy is enacted.

For example, target the most serious sources of income with injunctions with an aim to disable normal life till the man seeks a deal...

It may also be possible to lodge other forms of civil action but it depends on the creativity of the people involved.

Another action could be 'steal' or 'rob' using reasonable force and claim innocence as what has been taken is hers and she's therefore not criminally liable.

You could even combine accordingly...
Motomoto
#9 Posted : Thursday, August 30, 2018 2:29:03 PM
Rank: Member

Joined: 11/18/2010
Posts: 503
Location: Kenya
jokes wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Interesting. That sounds like someone i know.

These things are happening every minute.
muandiwambeu
#10 Posted : Thursday, August 30, 2018 3:16:38 PM
Rank: Veteran

Joined: 8/28/2015
Posts: 1,247
Motomoto wrote:
jokes wrote:
Motomoto wrote:
Asking for a friend. If you separate and not legally divorced is there a way a court can divide the matrimonial property if the two of you can't agree. Is there a way a court can award each their portion but still not legally divorced.


Interesting. That sounds like someone i know.

These things are happening every minute.

Very easy, get a credit with first charge on your share,since the risk is very high, discount the asset in question to Meke it appettising.divorce is very easy. With a cooperative ex.general.
Route 2
Swear with all blood u never want anything to do with the partnership you entered between you and you ex. Convince her life will be easier without each other. If she refuses make your partners life a little hell on Earth until they swear to kill u if you don't part ways.
Carnivorise movable assets, impend any logical decision and sabotage any working plan by unconsenting and demanding accounts and accousing your partner of unfaithfulness. Refuse to coorperate and refuse the other partner from acting as your agent.
If they say your uncorperative, remind them to put it on paper and tell the artoney. Remind to say by signing between the lines and present a proposal asset settlement plan. If that's not enough, invite a few PAs to be with you. A few house girls or attorneys for a samaritan accommodation. Ask a muganga to be u night Lord and give him an office in your compound.
If at this point you are having some little percentage of sanity remaining in your head, go borrow a cross bow and make an archery in your compound. Just paint the ring on a Matt and mount it accross the hell way, at the big day mark the point and don't close your eyes. You have to get it right the first time. Then, there are after u are the king in the palace.
That's the opposite of making a friend, that is being non-friendly. Be a bad neighbour. Don't touch any one. Just do anything you wise with the assets, after all the partnership is no longer working and there are no boundaries to make u a chosen neighbour. Unlearn, and relearn the other side of the coin, they all exist together and your partner is aheand in that game.
And as my learned friends always say, say anything, but let it reflect in a bank I control is my final statement. You may have dated on a good mood day and the moods may just get wrong. Period.self preservation. 🤔
,Behold, a sower went forth to sow;....
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