Matrimonial assets are assets both parties acquire during marriage. In this situation the Court will normally order a sale of the property and divide the proceeds of the sale between the parties. The Court will also take into consideration the following when making the order:-
(a) How much you and your husband contributed in money terms to obtain assetsyour role as a housewife will also be taken into consideration as a financial contribution.
(b) Any loan borrowed by either of you for the benefit of the family is also considered.
(c) The needs of the minor children, if any of the marriage.
Where the asset is acquired by the sole effort of one party only, the Court shall consider the following facts in dividing assets:-
(a) The extent of contribution made by the other party who did not acquire the property, to the welfare of the family e.g. keeping the house clean, cooking and generally, looking after and caring for the family; and
(b) The needs of the minor children, if any of the marriage.
Any property that belongs to the wife before or after marriage is solely the wife’s property and the husband can have no claim over the property except to the extent that he has contributed to the improvement of assets.