KAMPALA – In a precedent-setting judgment that fundamentally alters the legal landscape for unmarried couples, the High Court has ruled that long-term cohabitation can imply a marriage-like union, thereby granting separating partners a right to share property.
The landmark decision was delivered by Justice Alvidza in a case between Mr. Kabuye and his former partner, Ms. Nanyonga.
The court heard that the couple began cohabiting in 1998 and built a life together for two decades before their relationship ended in 2018. During their 20 years together, they had children and acquired shared property.
Following their separation, Nanyonga sought a legal claim to a portion of the property accumulated during their time together. Traditionally, such rights have been reserved for couples in legally registered marriages, leaving long-term cohabiting partners with little to no protection upon breakup.
In a decisive ruling, Justice Alvidza found that the length and nature of Kabuye and Nanyonga’s relationship—spanning 20 years and involving shared children and assets—effectively implied a marriage. The court held that it would be unjust to ignore the economic contributions and interdependence inherent in such a long-term partnership simply because it lacked a formal marriage certificate.
The judge therefore granted Nanyonga the right to pursue a claim for property sharing, treating the dissolved union with a similar regard to a formal marriage.
This ruling sends a powerful message that the law is evolving to recognize the realities of modern relationships. Legal analysts suggest the judgment establishes a new principle: that the duration and substance of a relationship can create legal obligations, moving beyond the strict requirement of a marriage certificate.
“It is no longer only about marriage certificates first now,” a court official familiar with the case noted. “The focus is shifting to the factual nature of the relationship itself.”
The decision is expected to have widespread implications, offering new protections to individuals in long-term cohabiting relationships and potentially sparking similar claims across the country. It places the burden on couples to be aware that their long-term domestic arrangements may now carry significant legal consequences upon separation.
