The recent case of Kasingye Emmanuel v. Genevieve Kasingye DCNo. 149 of 2021 has shed light on an important aspect of marriage and property ownership. The issue for determination was whether aspecificpiece of property acquired by one spouse without the knowledgeof theother during the course of a marriage should be considered matrimonial property, and thus subject to division between the two spouses. The High Court found that each spouse must adduce cogent evidencetoprovecontribution whether direct or indirect to acquisition of matrimonial property. In other words, for the Petitioner to succeed, he had to prove he had made substantial indirect contribution to the acquisition of property which he failed to do.
The Petitioner, had filed a Divorce Petition against his wife, whowasmore financially independent during the marriage. The agreed facts were that the suit property was acquired during the subsistence of the www.engorumutebi.co.ug marriage and registered in the names of the Respondent and her son. Mr. Kasingye claimed that he had indirectly contributed to the acquisition of the property, it constituted matrimonial property andhewas therefore entitled to a share. He also attempted to argue that his wife’s salary amounted to matrimonial funds.
We represented the respondent.
THE DECISION
The learned lady justice Alice Komuhangi Khauka agreed withus andwhile relying on Julius Rwabinumi v. Hope Bahimbisomwe SCCANo. 10of 2009 and Ayiko Mawa Solomon v. Lekuru Annet Ayiko HC Divorce Cause No.1 of 2015), she found and enunciated the following principles;
- Every individual has a right to own property.
- Parties to a marriage may enter the union with their individual property and choose to transfer the properties into their other spouse’s name or hold it jointly or solely.
- During the marriage each spouse may acquire sole propertyandchoose to register it in any way they wish, they may acquireproperty with other people other than their spouses. For example, children, siblings, and business partners.
- Each circumstance will be treated based on its facts to determinewhether or not the property is matrimonial property.
- Where property is in the sole name of a spouse, Courts will lookout for the direct, indirect, monetary, or non–monetary contribution of the other spouse who is not registered on the property.
- A salary can only be stated to be matrimonial funds wherethesalary earner treats it as such.
The judge emphasized the importance of adducing cogent evidencetoprove one’s contribution. In this case, the Petitioner contendedthat he paid some school fees, took care of the home and thechildrenwhenever the Respondent was out of the country on work related trips and that the Respondent used matrimonial funds to acquirethisproperty.
This indirect contribution was found to have merely amountedto part of his core duties and responsibilities as a father. In finality the Court held that the Petitioner did not adduce sufficient evidencetoprove his indirect contribution towards the acquisition of theproperty;
the property was not matrimonial, and the Respondent was not entitledto any reliefs sought.
