SOCIETY has come a long way. There was a time when a woman could not own property! However, today, equality, empowerment, human rights and modernity have made it possible. But, with that too, came the conflicts over who owns what in a marriage.
Property issues have caused marriages to break down, claimed lives and made couples a laughing stock in the community. Pastor John Best Kasasa of Christian Life Church, Bwaise, says couples must guard against this problem. “One way is to buy things together. This not only provides co-ownership of the property, but also strengthens the relationship,” the pastor, who is also a counsellor, says.
However, Kasasa adds that there is nothing wrong if the couple agrees to own property independently. “But this should not trigger off competition between a husband and wife. Instead, it should make marriage better, since both of you have decided to do want you want,” he says. “Have clear instructions regarding private property to avoid problems. It is advisable to use receipts, agreements and lawyers to keep things clear.”
Harriet Nalukenge, a State Attorney, advises that it is wise to disclose property to a spouse because it is one way to build trust. “Remember your husband is your benefactor and in case you die or become incapacitated, he will be able to trace it and take care. However, if a man conceals what he owns, you should do the same to protect your interests,” she says.
She explains that under the current law, before marriage, property belongs to the person in whose names it is registered. “But whatever property is acquired in the course of the marriage is owned jointly by the couple and, on separation, it must be divided equally,” she explains.
Nalukenge advises women to have their property registered in their name and also ensure that during marriage, property acquired is registered in both their and the husband’s names.
“In the succession law,” she adds, “a woman takes 19% of the man’s estate while the rest goes to the children and dependents.”
Mary Bitamanya, a marriage counsellor, says joint ownership should be taken as an opportunity to affirm togetherness. “For a good marriage, land, a house or car should be co-owned and couples should declare all their property.”
Patrick Ndyanabo, the Dean of Students at Glad Tidings Bible College, says there are still men whose mentality is stalled in the past, “Don’t soil my chairs,” they will say, “don’t shout in my house. I will send you out of my house. I do not want nonsense in my house.” He says such statements make a woman feel like she does not own anything and tempts her to seek for ways to acquire property privately. “Women no longer want to depend on men for everything.”
Joan Nsereko, a married woman, says: “Women are forced to acquire property as security for the children and especially, when the marriage seems insecure. A woman who sees the man accumulating children from outside marriage, may instinctively want to own her own property,”
