Frequently asked questions and answers;
WHAT IS A MATRIMONIAL HOME IN THE UGANDAN PERSPECTIVE?
The Mortgage ACT, 2009 states under Section 2 that;
“…A matrimonial home means a building or part of a building in which a husband and wife or as the case may be, wives and their children, if any, ordinarily reside together and includes;
- A) Where a building and its curtilage to the are occupied primarily for residential purposes, that curtilage and outbuildings on it; and
- B) where a building is on or occupied in conjunction with agricultural land or pastoral land, any land allocated by one spouse to his or her spouse or in the case of a husband to his spouses for his, her or their exclusive use…”
- Curtilage according to the Black’s Law Dictionary means; “the land or yard adjoining a house, within an enclosure”
- The Cambridge dictionary defines curtilage as “the land surrounding a building that belongs to the owner of the building and for which he or she has responsibility”
Who Can Claim A Matrimonial Home? 
You can only claim a matrimonial home if you are Legally Married.
In Uganda, the following are the legally recognized marriages;
- Marriages conducted in accordance with the Marriage Act Cap. 251,
- Customary Marriage (Registration) Act Cap. 248,
- The Marriage & Divorce of Mohammedans Act, Cap. 252,
- The Hindu Marriage & Divorce Act, Cap. 250
- And marriages contracted under or in accordance with any customary law recognized by the law of Uganda.
nassuuna@nassuunaadvocates.co.ug
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