In a landmark ruling, Uganda’s High Court has declared that couples who live together without formal marriage—also known as cohabiting couples—must share property fairly if they separate.
This decision marks a big shift from Uganda’s traditional legal view that cohabitation does not give rise to spousal rights. For many years, property ownership was only recognized for legally married couples, leaving many women vulnerable after years of living with a partner.
The ruling stems from a case involving Robert Kabuye and Toupista Nanyonga, who lived together from 1998 to 2018. After their relationship ended, Kabuye took Nanyonga to court, seeking full ownership of a plot of land in Ndejje, Lubugumu (Wakiso District), and demanded that she be evicted. He claimed he had only allowed her and her child (from a previous relationship) to live there.
But in 2022, Chief Magistrate Patience Loma Tukundane ruled that the land belonged to both parties. She ordered that it be valued and divided equally, giving Kabuye half of its worth.
Not satisfied with the decision, Kabuye appealed to the High Court.
On July 30, 2025, High Court Judge Jane Elizabeth Alividza made a final ruling. She reduced Kabuye’s share to one-third of the land’s value, giving Nanyonga a larger portion.
Her decision was based on a key legal principle: that both financial and non-financial contributions matter in a relationship. This includes cooking, cleaning, childcare, emotional support, and helping to build a home—even without a marriage certificate.
“Equity demands that the appellant leaves with something and does not go unrewarded at the end of the relationship,” Judge Alividza ruled.
The ruling has sparked debate across Uganda.
Lawyers like Jonah Kirumira and Abdul Noor Kinene praised it, saying it reflects modern reality. Many Ugandans cohabit for years, building lives and buying property together. According to them, this judgment protects vulnerable partners, especially women who’ve often been left with nothing after separation.
But religious leaders, including Ashraf Zziwa Muvawela from the Uganda Muslim Supreme Council, strongly disagreed. They fear the decision will discourage formal marriage, especially in Islam, where marriage is a religious duty.
For Nanyonga, who said she used her own savings and help from her family to buy the land, the court’s recognition of her efforts was long overdue. She’s one of many Ugandan women who’ve invested years in a relationship, only to face homelessness or financial ruin after a breakup.
This ruling gives new legal protection to such women, who have long been overlooked by the law.
In Uganda today, many couples live together without getting legally married—sometimes for decades.
They raise children, build homes, and invest in property together. But when things fall apart, the law has often sided with the wealthier or legally titled partner, usually the man.
This new ruling means that courts will now consider the full picture of how property was acquired—including indirect contributions, like taking care of the home or raising children.
Uganda’s legal system has now opened a new pathway for thousands of people in cohabiting relationships to claim fair rights to shared property.
While the debate continues, especially among religious groups, the High Court’s decision sends a powerful message: every contribution matters—not just money.
What do you think? Should cohabiting couples have the same rights as married ones? Let us know in the comments.
