I asked this question on Facebook and it elicited a lot of reactions. In case you haven’t seen the question, here it is;
If you are a single woman and you buy or build a house, then you get married, would you allow your new husband to move into your house? Why or why not?
After a very successful debate, I feel like “addressing the nation” in my capacity as a valuer and real estate advisor.
According to the Matrimonial Property Act, 2013
“matrimonial home” means any property that is owned or leased by one or both spouses and occupied or utilized by the spouses as their family home, and includes any other attached property (including servant quarters).
“matrimonial property” means the matrimonial home or homes, household goods and effects in the matrimonial home or homes; or any other immovable and movable property jointly owned and acquired during the subsistence of the marriage.
This means that if your new husband moves into your house, it becomes matrimonial property. You will need his written consent to sell or mortgage the house because the ownership of matrimonial property vests in the spouses according to the contribution of either spouse towards its acquisition, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.

If your boyfriend has already moved in and stayed for 6 months then your entanglement/relationship is considered a marriage. Congratulations. I suggest that you order Tajicakes to celebrate your new status.
So ujanja ni gani?
- If you intend to get married, you may enter into an agreement before the marriage to determine your property rights. This can however be challenged in court and he ends up getting a share of your hard-earned property. Anyway, talk to your lawyer.
- Move out and rent out the property. This way the house will always be yours. He cannot lay claim to it.
- Risk it all and make your house a matrimonial property.
You need stability in your life to be able to conquer your world.
I will end with a Facebook comment on this question by a single lady who has build her house – It’s just a house…. It’s not a heart.

I appreciate your feedback. Please reach me on 0723477035 or email info@kariukiwaweru.com
Valuer Kariùki, MRICS
Registered & Practicing Valuer
Chartered Valuation Surveyor.
6 comments
Thank you for the insight. I believe your recommendations are good. I would go for or opt the wife rent out the house considering the volatility of most relationships or marriages today………or I would have a back up plan (my own house/plot elsewhere) just in case things goes south….. All the same, it is just a house not a heart.
Insightful article. Question 1, for the couple to be considered married, are the six months back to back or cumulative? Question 2, does this Act apply also to properties bought before its enactment?
Thanks for the article. Its very informative.
I think in my case, I would take a risk, we live in the house. Incase need arise we can move.
Thanks Kariuki for the article.
thank you
Write more articles like these, which touch on vital societal issues, are educational and entertaining. Loved reading it, as I do most of your work.
I’d go with option 2. Rent out the house and let the man take charge of finding us a place to live, because ego.
Very interesting discussion.
I think it’s a very risky affair for a man to move into a woman’s property.
It’s not adviseable. Totally hazardous.
It trims your ego, self esteem and the “man privilege” to micro minute levels where even deliverance or exorcism can not salvage you!!!!
Unless you also have your own property(s) and you decide out of convenience to do so…..because either way your ego, esteem and your shine is still out there….and can bring you an income still to the nest you have jointly opted to roost.
There will be lots of pressure to move in with her to her property. DON’T!!!
Your being adamant to be the provider will gain you infinite bonga points and talk time even to the heavens!!!
Hio property yake….let her rent it out. She is allowed to use that money to her chama… or spend it on your family ….or even help you should you stand in need….invest for the kids and the investment can be joint.
But to go and park yourself in her property while you are NIL property is like stitching a trouser with one side/hose made of Jean’s and the other leg/hose made of lesso….. we know very well the lesso will get worn out sooner than the Jean’s… and that stylish garment will soon not be attending any bashes and ceremonies in patches!!!