Critical Analysis of the Legal and Institutional Framework Regarding Matrimonial Property in Uganda

GENERAL INTRODUCTION

Matrimonial property is property owned or obtained by either or both married spouses before or during their marriage. Matrimonial property in Uganda has not yet been clearly defined either by statutory law or case law. However courts have provided a starting point for determination of what constitutes matrimonial property. In the ease of Julius Rwabinumi vs. Hope Bahimbisomwc 1 , Justice Twinomujuni held that: ··~-latrimonial property is joint property between husband and wife and should be shared equally 011 divorce. irrespective of who paid for what and how much was paid .... However. the application of the principle may vary depending on nature of the marriage contract the spouses agr,·,•d to contr,1L"l .... like in all other contracts parties to the marriage have a right to exclude any pr"pc'l"l\ from those to be deemed matrimonial property. According tu Cheryl Doss, orrettie Nabanoga and Mai Truong in their article the question of rnmrirnunial property raises various situation on a number of point. There is a property that may be acquired by the spouses juintly and for joint use. It may be property owned separately by the sp,1uses. It may also include property acquired by one spouse and the other has no interest in it'. In Uganda the ownership. control and management of property in a marriage or in situations akin to marriage hCJS evolved as one or the most critical and controversial areas in gender research and d,·1 dup111ent' In the three East African countries, the institutions. laws and practices "r \l:ttrin1onial Rupert) have been put in place for example the laws governing Jivisi@ or Matrimonial property and this can only happen in case of divorce. regardless to whom acquired