The Law of Matrimonial Property in East Africa – Revised Edition

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With many marriages coming apart at the seams as can be seen these days in the cacophony of cable news and social media, ‘the law of Matrimonial property in East Africa’ has been written to guide the parties involved on the one hand to guard against or prevent property disputes and on the other, once the disputes have arisen, to guide parties to walk through them with less friction. The foundation of Matrimonial property lies in existence of a valid marriage. Laws on Marriages in East Africa have been scrutinized and where necessary critiqued.

The book further distills the subject of matrimonial and family property into what appears to be simplistic yet complicated themes such as mortgaging, alienation, pledging, leasing, transfer of matrimonial property where the consent of a spouse is of paramount importance. Scrutiny is also made to aspects such as joint ownership and division of matrimonial property, property in form of gifts to spouses, prenuptial agreements, fraud, property rights of cohabiting couples and how interests in matrimonial property can be secured, protected and defended for couples in East Africa.

The author discusses how the foregoing themes have been construed in light of the prevailing legislations by the courts in East Africa.   The book will be a valuable resource for practising Advocates, law students, cohabiting unmarried couples and married couples and anyone intending to get married. The book also will go a long way in assisting Policy makers involved in reforming this area of law. This work substantially contains all laws and key case notes dealing with matrimonial property in East Africa.

By John Mugalula a Practising Advocate of the High Court of Uganda with Mugalula & Omalla Advocates. John is a contributing member of the World Bank Doing Business Project for Uganda 2019.  He is Member of the Uganda Law Society (ULS), East African Law Society (EALS), and Research & Publications Committee of the ULS, Notary Public and Commissioner for Oaths. He is also the Uganda law Society Corporate Representative to the Mildmay General Assembly. He holds a Bachelor of Laws Degree (LLB) with Honours- Upper second from Makerere University Kampala (MUK), a Diploma in Legal Practice from the Law Development Centre (LDC), and a Post Graduate Diploma in Income Tax & Revenue Administration (EAST).

Author: John  Mugalula