Half-share of matrimonial property no longer automatic – Court rules
The Court of Appeal has in a landmark decision ruled that marriage does not give a divorcing couple an automatic half-share of the matrimonial property.
The three justices; Elizabeth Musoke, Muzamiru Kibeedi and Christopher Gashirabake have ruled that the spouse’s share in the matrimonial property is dependent on his/her contribution to it.
This after an appeal filed by Joseph Ambayo Waigo challenging the decision of the High Court Judge, Catherine Bamugemereire directing him to share his matrimonial property equally with his wife, Jackline Aserua after they divorced.
The justices decided that the woman, Jackline Aserua who is now aged 52 years is entitled to only 20% share not 50% as the High Court had directed.
They also ordered that the couple’s property be valued by the chief government valuer within three months of this judgement.
They have also given Ambayo only six months to pay his ex-wife 20% of the property as established by the chief government valuer.
The justices have meanwhile noted that where one party has, in the course of the marriage, contributed towards upgrading the other spouse in terms of educating her/him, such contributions should be deducted from the beneficiary spouse’s total claim for unpaid care and domestic work.
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