By Aggrey Baba
Men who thought walking away from a long cohabitation would leave them with all their property may need to think twice, as a new court ruling has changed the game, declaring that couples who live together for a long period must share property fairly when they separate.
The decision marks a complete shift from the past when cohabitation was not recognised under Ugandan law, as previously, only legally married spouses (wedded) could claim rights to property acquired during the relationship. Now, men who keep partners in their homes for years risk losing part of their land, houses, or developments when the relationship ends, bringing to life the saying that you can’t eat your cake and still have it.
The case that set the new precedent in the course of this week involved Mr. Robert Kabuye and Ms. Teopista Nanyonga, who lived together in Ndejje, Wakiso district, from 1998 until 2018, as reported in today’s Weekend Vision. When the two separated, Kabuye attempted to evict Nanyonga from the land, insisting that it belonged to him alone, arguing that he had only given her space in the house until he married another woman.
The courts, however, thought otherwise. After years of back-and-forth legal battles, the High Court decided that Kabuye had no right to claim the land solely, and Justice Jane Elizabeth Alividza ruled that both partners had contributed to the developments during their 20 years together, whether directly or indirectly. As a result, she awarded Kabuye only a third of the land’s total value while Nanyonga kept the rest.
What makes this ruling stand out is that the couple had no children together, yet traditionally, men have leaned on that as a reason to deny partners property claims after breakups. But the court made it clear that children are not the only measure of contribution. Time spent together, shared resources, and even non-financial support like running the home or pooling savings could all count when property is being divided.
Here, the law reminded men that when two elephants fight, the grass also suffers, meaning every choice has consequences, even when children are not involved.
The ruling now means that men who cohabit for long periods, even without legal marriage, may lose a significant portion of their property if the relationship ends. Lawyers have described the decision as progressive, saying it matches the reality of Ugandan society where many couples live together without wedding ceremonies. But some observers warn that the judgment could discourage formal marriages, with men fearing to commit because of possible property loss.
In simple terms, men who bring women into their homes under temporary arrangements may not walk away clean anymore, as courts will now look at the length of cohabitation, joint contributions, and the history of the relationship before deciding how property is divided, taking us to an old proverb that a man who builds a house with borrowed hands must be ready to share the keys.
This case has therefore opened the door for many women in similar situations to claim property rights, while men who thought cohabitation was a safe escape from legal obligations may have to rethink their choices. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
