When a marriage ends in divorce, one of the most important legal questions is how the spouses' property will be divided. Under Law Nº 71/2024 of 26 June 2024 Governing Persons and Family, the answer depends on the matrimonial regime the spouses chose when they married. The law recognises four matrimonial regimes: community of property, limited community of property, separation of property, and a matrimonial regime based on an agreement drawn up by the intending spouses — each with different consequences upon divorce.

The Four Matrimonial Regimes

1. Community of Property

Under this regime, all property owned by the spouses forms one common estate. Upon divorce, the assets and liabilities are generally shared equally, regardless of whose name the property is registered in, unless the spouses agree otherwise.

However, where one spouse applies for divorce before the marriage has lasted five years, the court may — after considering the reasons presented — depart from the principle of equal sharing and allocate property according to each spouse's contribution to its acquisition.

Professional tools and equipment are, where possible, allocated to the spouse who uses them.

2. Limited Community of Property

This regime distinguishes between personal property and property acquired during the marriage. At the time of marriage, the spouses prepare an inventory identifying each spouse's personal property; property not included in the inventory also remains personal property.

Upon divorce, only the property acquired during the marriage and the common debts are divided equally, while each spouse retains ownership of his or her personal property.

During divorce proceedings, the court may also reduce a spouse's share if that spouse caused damage to the common property or incurred unidentified debts during the marriage.

3. Separation of Property

Under this regime, each spouse owns, manages, enjoys, and disposes of his or her property independently throughout the marriage. Consequently, when the marriage is dissolved by divorce, each spouse simply retains his or her own property — there is no sharing of assets merely because of the marriage.

Each spouse remains responsible for his or her personal debts, unless they were contracted jointly for the benefit of the family or household.

4. Matrimonial Agreement

The law also allows intending spouses to create their own matrimonial regime through an authentic agreement signed before a notary, provided that it does not violate public order or the good morals of Rwandans.

The agreement must expressly regulate, among other matters, the effects of divorce on their properties. During divorce proceedings, the properties will be divided according to the terms of that agreement — provided it complies with the law.

What If You Didn't Choose a Regime?

If no regime was explicitly chosen at the time of marriage, Rwandan law defaults to the community of property regime. This means all property acquired during the marriage is presumed to be jointly owned and will be divided 50/50.

How Courts Divide Property

When spouses cannot agree on division, the court will:

• Identify all assets and liabilities of the marriage
• Classify each asset as separate or community property
• Value the community property (often requiring professional valuation)
• Divide community property equally, unless there are exceptional circumstances
• Consider the welfare of minor children in housing decisions

"Documentation is everything. If you can't prove you owned something before the marriage, the court will presume it's community property." — Jacqueline BAKAMURERA, Senior Associate, CREST LAW

Protecting Yourself: Practical Steps

• Before marriage: choose your matrimonial regime carefully and understand its implications
• Keep records: maintain clear documentation of pre-marital assets, gifts, and inheritances
• Title registration: ensure property titles accurately reflect ownership
• Matrimonial agreements: while not as common in Rwanda, a properly notarised agreement can provide additional clarity and certainty
• During marriage: keep financial records, bank statements, and property documents organised

Child Custody and the Family Home

Courts prioritise the welfare of children. The parent awarded primary custody is often given the right to remain in the family home until children reach majority, even if the property is technically subject to division. This does not transfer ownership — it grants a right of occupation.

How CREST LAW Can Help

Our family law practice handles divorce proceedings, property division, custody arrangements, and succession planning. We approach every matter with both legal precision and genuine sensitivity.

Contact us for a confidential consultation.

Conclusion

The way property is shared after divorce in Rwanda is not the same for every couple — it depends on the matrimonial regime chosen at the time of marriage. Understanding that choice is essential, as it determines whether property is shared equally, only jointly acquired assets are divided, each spouse keeps their separate property, or a customised agreement governs the distribution. If you are uncertain which regime applies to your marriage, or how it affects your rights, seek legal advice early.