Marital property ruling: Calculating non-monetary value will be hard
The recent ruling by the Court of Appeal on sharing of family property continues to draw mixed reactions among Ugandans and the legal fraternity.
Three justices; Elizabeth Musoke, Muzamiru Kibeedi and Christopher Gashirabake in a landmark decision on Tuesday ruled that it is no longer an automatic half-share of matrimonial property for divorcing couples.
In a unanimous judgment, the justices held that the spouse’s share in the matrimonial property is instead dependent on his/ her contribution to it.
The Executive Director of the Legal Aid Service Provider’s Network -LASPNET, Sylvia Namubiru, says grounds for accumulation of property have been a contentious issue thus making the court decision a good development in the determination of divorce cases.
However, Namubiru expresses fear that whereas the contribution is monetary and non-monetary, the calculation of non-monetary contribution will be challenging.