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A WIFE’S RIGHT OVER MATRIMONIAL PROPERTY
The research project provides an insightful look at the state of women‟s rights to matrimonial property in Uganda. It looks at the existing laws that govern matrimonial property administration and examines whether the laws sufficiently protect the rights of women to matrimonial property and whether they are in operation to serve the said purpose. The study looked at the existing literature and research, the laws in place and the decided cases to arrive at the position that some progressive laws are in existence that allow women a right to own property in General and matrimonial property specifically. However, the mainstream law that deals with succession matters is archaic and needs to be repealed to cater for women‟s rights to matrimonial property. The courts have done their part of nullifying the retrogressive provisions of the law but they are still in the text of the legislation. Additionally, some communities in Uganda still apply patriarchal customary practices in handling matrimonial property issues which are restrictive on women‟s rights to matrimonial property. The law governing matrimonial property in Uganda therefore needs to be amended and, in its place, put a comprehensive legislation that reflects the modern and best practices where women are equally entitled to matrimonial property as men.
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