It is a crucial document that supports the charge instrument, providing legal assurance to the lender that the borrower has the right to encumber the property. In cases where the property is not considered matrimonial property, even a married person may use this affidavit to affirm that their spouse’s consent is not necessary for the charge. It is important to note that this affidavit must be commissioned by a legal professional, such as an advocate of the High Court, to ensure its validity and enforceability in legal proceedings.
Affidavit of Negation of Spousal Consent to Charge
KShs 3,400
An Affidavit of Negation of Spousal Consent to Charge is a legal document used in certain jurisdictions where an individual wishes to secure a loan against property that is registered solely in their name. This affidavit is typically sworn by individuals who are not married, such as single, divorced, or widowed persons, to declare that spousal consent is not required for the transaction. The affidavit serves as a formal statement, often required by financial institutions or legal entities, to ensure that the property in question is not subject to marital claim and can be used as collateral without the consent of a spouse.
