Property in mother in law’s name

I am married to a wealthy businessman, but he keeps all his property under his mother’s name. I don’t have any issues with this arrangement since I own property myself. However, I am concerned that this might not be a good idea, especially if our marriage does not work out and we get a divorce. My friends are telling me I will get nothing from this man in case he divorces me, but I cannot  trust their word since they are not lawyers. I do not want a divorce, but in case it happens, will I receive a fair share of my contributions to the marriage if the property is held under my mother-in-law’s name? I have a decent relationship with my mother in law but you know how mother in laws can suddenly change! Please guide me.
DS, Kilimanjaro

This sounds like the case of Achraf Hakimi, a famous Moroccan international footballer!

The division of matrimonial assets after a divorce, property rights and status in marriage are governed by the Law of Marriage Act [Cap. 29 R.E. 2019]. Section 58 of the law allows for the holding of separate property between a husband and wife, and marriage does not alter this separate ownership. Section 59 grants special status to the matrimonial home, which is defined as the residence where the husband and wife typically live together. Both spouses have equal rights to this home until the marriage is dissolved or until other specified circumstances occur as outlined in the law.

According to Section 114 of this law, when a decree of divorce is issued, any assets acquired through the joint efforts of both parties must be divided between them or sold, with the proceeds from the sale distributed according to the Court’s order. It is important to note that contributions to matrimonial assets do not have to be monetary; the Court may also consider other forms of contribution. If a property is held in a name other than the spouse’s, it is generally assumed that the property belongs to that individual and not the spouse. In such cases, the spouse may be able to avoid the division of assets in the event of a divorce. This situation presents a legal loophole that can be exploited to the detriment of the other party and you may want to correct it now before it is too late. We wish you all the best with your husband and mother in law. Your lawyer can guide you further.