Cohabitation

In today’s society, many couples choose to live together without getting married — a situation known as cohabitation. While this may feel like a private arrangement, it can raise important legal questions, especially concerning property ownership, children, and financial responsibilities.

Kenyan law does not grant cohabiting couples the same automatic rights as married spouses. However, the courts have developed guiding principles to determine how property and responsibilities should be shared, particularly under the doctrine of presumption of marriage or through trust and contribution-based claims.

Nkatha and Company Advocates helps cohabiting partners:

  • Draft and review cohabitation agreements
  • Navigate disputes over jointly owned or contributed property
  • Resolve issues related to children (custody, support, parental responsibility)
  • Seek protection from domestic abuse where necessary
  • Understand their rights if the relationship ends

Whether you’re entering into cohabitation, currently living with a partner, or exiting such a relationship, we ensure that your rights — and your children’s rights — are protected.

At Nkatha Advocates, we believe in empowering clients with the legal knowledge and tools to build secure and respectful domestic arrangements, even outside of formal marriage.

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