There have been controversies in clearly defining matrimonial property in Uganda's context but there have been attempts to outline what it constitutes.
In the case of Muwanga v Kintu (1997), Bbosa J noted that matrimonial property is understood differently by different people, but the property to which each spouse should be entitled is that property which the parties chose to call home and which they jointly contribute to.
In should be noted that contributions to joint property in this context are not necessarily monetary. According to case law, the contribution may be direct and monetary or indirect and non-monetary as the wife in most cases indirectly contributes towards household expenses and enhancing the welfare of the family among others; which amounts to a substantial indirect contribution to the family's income and assets.
Family land may also be viewed to form part of matrimonial property. According to the Land Act, family land is defined among others as land from which the family derives sustenance including land which the family farms on or land which the family freely and voluntarily agrees to treat as family land.
It is hence key that Parliament enacts a law with a clear definition of what constitutes marital/matrimonial property that can easily be distinguished from property individually held by married persons; especially for the purposes of determining disputes involving division of property upon dissolution of marriage.
There have been controversies in clearly defining matrimonial property in Uganda's context but there have been attempts to outline what it constitutes.
In the case of **Muwanga v Kintu (1997), Bbosa J** noted that matrimonial property is understood differently by different people, but the property to which each spouse should be entitled is that property which the parties chose to call home and which they jointly contribute to.
In should be noted that contributions to joint property in this context are not necessarily monetary. According to case law, the contribution may be direct and monetary or indirect and non-monetary as the wife in most cases indirectly contributes towards household expenses and enhancing the welfare of the family among others; which amounts to a substantial indirect contribution to the family's income and assets.
Family land may also be viewed to form part of matrimonial property. According to the Land Act, family land is defined among others as land from which the family derives sustenance including land which the family farms on or land which the family freely and voluntarily agrees to treat as family land.
It is hence key that Parliament enacts a law with a clear definition of what constitutes marital/matrimonial property that can easily be distinguished from property individually held by married persons; especially for the purposes of determining disputes involving division of property upon dissolution of marriage.
