Can Children Get Property After Parent Divorce?
By Dickson Jere
A couple was married but later divorced. They needed to share family property agate divorce. However, they failed to agree and the matter went back to Court for determination.
The deputy Registrar of the High Court ordered that one of the properties in the name of the husband should be gifted to his son. And that the family farm should be shared 70% to the wife and 30% to the husband because she contributed more.
Unhappy with the outcome, he appealed to the High Court Judge, arguing that the Registrar was wrong to give the house to his son when he was not part of the property settlement dispute of the parents.
And that he it was unfair to give him 30% of the farm when he contributed more by running a family business that developed the farm.
However, the wife insisted that both agreed that they should gift part of their properties to their two sons and that she had already given one property to the son.
The Judge heard the appeal and determined thus;
“These two properties do not come under the realm of the properties that should be shared between the Appellant and the Respondent,” the Judge opined, adding that the two had mutually agreed to give each property to their children before divorce.
The Judge ordered that the property be gifted to the son as agreed earlier and that his wife already gave property to another son.
“I direct the Appellant to settle and lodge, at Lands and Deeds Registry, a Deed of Gift to effect the transfer of (property) to (son) within 30 days from the date of this Judgement,” the Judge ruled.
On the farm, the Judge found that it was unfair to give the wife 70% when evidence showed that husband equally contributed to the farm through running a family business even though not in formal employment.
“The view I take, therefore, is that the Appellant’s contribution towards the acquisition and development of the property in issue cannot be equated to 30% only,” the Judge said, adding that the family business could not make profit if not managed by husband.
The Judge ordered both contributed equally and therefore the farm should be sold and proceeds shared equally or one should buy out the other based on the agreed valuation.
Case citation – Munyoro v Munyoro- 2021/HF/D./130.
Lecture notes;
1. This case underscores the legal position that after divorce, family property will be shared according to the contribution made by each party to acquiring and developing it. This contribution can be material, financial or indeed in kind. It is matter of evidence to be adduced at Court.
2. The Court will also enforce agreement made by the parties prior to divorce. In this case, both had agreed to gift part of the family property to their sons and the Court enforced that agreement even though children were not part of the property settlement case.