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Former lover’s property: Can I declare a part of my child daddy’s wealth?

private finance

Former lover’s property: Can I declare a part of my child daddy’s wealth?

Claiming a part of my child daddy’s wealth. PHOTO | pool

Thanks for reaching out to us. As is usually the case with issues of legislation, the reply to that is that it will depend on the state of affairs, what sort of wealth you’re claiming and on whose behalf.

Broadly talking, you possibly can declare both; in your individual private capability or on behalf of the kid between you and your child daddy.

Claiming in your private capability

The surest means of being entitled to part of your child daddy’s property is getting listed as one of many beneficiaries in his will.

A written enable somebody to distribute their property to whomever they need (together with to individuals who wouldn’t ordinarily be entitled to a share of the Property) and in no matter method they select.

If you’re listed as a beneficiary, there may be not a lot others can do to forestall you from getting a share.

The place there isn’t any will, nevertheless, the state of affairs turns into extra sophisticated because the distribution of the property is finished in accordance with The Regulation of Succession Act.

The overall place of the Act is that solely spouses (within the case of romantic companions) are entitled to assert from their accomplice’s Property.

Regardless of this common place, nevertheless, there are circumstances the place an single girl can declare from their accomplice’s Property or declare a share in property acquired in the course of the relationship with the newborn daddy.

Sometimes, this occurs the place a wedding may be presumed between the lady and the newborn daddy.

A presumption of marriage arises the place no formal/customary marriage exists between the couple however the place the conduct between them is such {that a} marriage may be inferred.

READ: Billionaire Rai sons combat in court docket over father’s wealth

The frequent components essential to create a presumption of marriage embrace;

Lengthy cohabitation (residing collectively as a pair) between you and your child daddy. Courts additionally be aware of the conduct of the couple, together with whether or not the mom and the newborn daddy maintain themselves out in public or to different folks as husband and spouse.

Equally, the dearth of things that may stop the presumption from being made, reminiscent of an current marriage between the newborn daddy and one other girl, additionally contribute.

If a wedding may be presumed between you and your child daddy, you’d be entitled to straight declare a share of his property within the case of his loss of life, though no marriage was celebrated between the 2 of you.

A presumption of marriage would additionally entitle you to file swimsuit in court docket and ask for a share of the property you acquired in the course of the length of the connection on the bottom that such property is the matrimonial property and was supposed to be shared between the couple.

If you’re unable to show the presumption of marriage, it’s unlikely that you’d achieve making a declare of your child daddy’s Property.

Your little one, however, can be robotically entitled to a share of your child daddy’s Property just by advantage of being the organic little one of the daddy.

Claiming on behalf of your little one

In terms of the matter of your kid’s entitlement to a share of his child daddy’s property, she or he can be entitled to a share (within the case of the daddy’s loss of life) or upkeep till they attain the age of eighteen (topic to extension by the court docket).

In terms of the matter of provision for and upkeep of kids, the legislation may be very strict, and the accountability to offer for the kid attaches equally to each dad and mom whether or not they’re married or not.

The place a child daddy fails or refuses to contribute in direction of the maintenance of their little one, the mom is all the time at liberty to method the youngsters’s court docket for orders to compel him to make monetary contribution in direction of the kid’s upkeep.

This parental accountability lasts till the kid reaches the age of 18.

Nonetheless, in actions for provision for upkeep for youngsters, neither dad or mum is entitled to make a declare on the idea of their very own wants.

All claims are due to this fact restricted to what the kid wants and nothing additional.

Whereas we hope that this assessment has been useful, we might additionally advise you to seek the advice of an advocate when you have any succession or upkeep points.

READ: Multinationals battling court docket instances in Kenya

The legislation can usually be nuanced and there could also be sure elements that give (or take away) sure entitlements that weren’t talked about on this overview.

Ms Dammary is a Senior Authorized & Compliance Officer at Zamara; [email protected]


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