CO-HABITING AND PROPERTY RIGHTS.

#legallyhers

Calvin and Stacey were made for each other. Although Calvin was a bit disorganised, Stacey knew he was destined for big things. So, she planned their future from the day they met and two years ago, they started to stay together. Cavin owned a piece of land in Masajja before he met Stacey. They often talked of their plans to develop it and get married in the future but unfortunately, all their plans went down the drain last week. On the way back from sealing a big contract, Calvin was involved in a fatal car accident, leaving Stacey and his daughter behind. Never did they imagine that death would be in their near future so neither Stacey nor Calvin had a Will. Calvin’s sister has been calling Stacey asking for the whereabouts of the land title to the masajja land.

WHAT CAN COUPLES LIKE CALVIN AND STACEY DO?

In Uganda, the law allows two people who are above 18 years to start a family together. However, it is not a must that they should be married first. The same law (the constitution) also allows for couples to get married to enjoy some protections that only the law gives to married people.

If you choose to stay unmarried, but have a relationship with someone, it is usually referred to as cohabiting. (Some people call it a 'come we stay relationship’). Unfortunately, being in this type of arrangement the law cannot give you the same legal protection as married people. For starters, you do not have an automatic right to inheritance of the property of your partner. Therefore, you need to take measures to ensure that in the event of death, the other partner can be able to inherit.

WILLS

Both of you should make wills and leave property to each other or your children.

JOINT REGISTRATION

If you do not have immediate plans of getting married, it is important that you put property in both your names so that if one should die, the other can take over the property or keep the property.

CONTRACTS BETWEEN THE COUPLE

A couple can decide to get into a contract and break down what they expect rom each other during and after the relationship (including in the event of death).

Here they would be able to say what is to happen to their share of property in the event of their death.

At the end of the day, if you care for your loved one, even though you are not married, you should consider one of these ways you can protect them and cover them after your death.

#breakthebias2022

📷: Slater and Gordon Lawyers

#BarefootLaw

#osutayusuf

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