Cohabitation and the Law Relating to Property Sharing in Uganda

Abstract

This paper examines cohabitation and the law relating to property sharing in Uganda. The paper indicates that the law on property sharing is applicable to parties who have celebrated their marriage under the laws of Uganda, although the latter is silent on the issue of presumption of marriage. Today the trend has changed and this has been attributed to a number of factors such as the availability of finances, increased levels of education, literacy and advocacy; and the norm of courtship amongst others. With parties living together, property is acquired and upon separation, it is always contentious on whether the property acquired during the subsistence of that relationship is to be shared. The courts have attempted to interpret and apply the law using principles of equity and common law as the law on marriage, divorce and succession is inapplicable to such unions. The paper provides recommendations on the different strategies to be employed policy makers and cohabitees towards having protection before the law regarding property obtained during the subsistence of such relations.