Matrimonial Property

Matrimonial Property in Rwanda

Rwanda's matrimonial property law is governed by Law N° 27/2016 on matrimonial regimes, donations granted or received within a family, and successions.

Matrimonial Property Regimes

Couples can choose between different marital regimes under the Civil Code:

1. Community of Property (Joint Ownership)

All property acquired during marriage is jointly owned

Each spouse owns 50%

Applies unless another regime is chosen

2. Separation of Property

Each spouse retains individual ownership

No automatic sharing

Must be agreed in marriage contract

2024 Law Updates

On May 29, 2024, the Chamber of Deputies passed a new law governing persons and families to address gaps in 2016 legislation. Key changes include:

Article 156 (Dissolution of Separation Regime):

Upon request of a spouse whose cohabitation is less than 5 years

Court may order spouses not to equally share assets and liabilities

After examining the reasons for the request

Division Upon Divorce

Property is divided based on the matrimonial regime chosen at marriage:

Usually couples share property gained during marriage equally

If couples fail to share property voluntarily, a court bailiff may execute the judgment

Children retain usufruct right over 50% of each spouse's property

Children's Property Rights

The usufruct right (half of each spouse's property) is administered by the parent to whom the court grants custody.

Choosing a Regime

Couples must select their regime:

Before marriage (in marriage contract)

Registered with civil registrar

Cannot be changed after marriage without court approval

Division Upon Divorce Process

1. Inventory of all marital assets

Valuation of property

Division according to chosen regime

Court order for enforcement

Inheritance Implications

Matrimonial regime affects:

Surviving spouse's share

Children's inheritance rights

Estate administration

Relevant Legislation

Law N° 27/2016 on matrimonial regimes, donations, and successions

Law N° 32/2016 on persons and family (as amended by 2024 law)