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Marriage Is Not a 50:50 Partnership, High Court Rules in Matrimonial Property Case

Zawadi Mbeki by Zawadi Mbeki
December 22, 2025
in Lifestyle, National
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Marriage Is Not a 50:50 Partnership, High Court Rules in Matrimonial Property Case
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The High Court has clarified that marriage does not automatically translate into an equal share of property, ruling that estranged spouses cannot claim assets acquired by their former partners after separation or during divorce proceedings unless they can prove direct contribution.

The landmark decision came from the Milimani Family Division, where the court dismissed a divorced woman’s sweeping claims for a half-share of property her former husband accumulated, including assets purchased years after they had separated.

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