Cohabitation: the rights of unmarried partners in Uganda
In brief
Ugandan law does not recognise cohabitation ("come we stay") as a marriage, however long it lasts. The recognised marriages are the statutory forms — civil, church, customary, Muslim and Hindu. Because a cohabitant is not a "spouse" married in accordance with the law, a surviving cohabitant does not inherit as a spouse on intestacy under the Succession Act, Cap. 268. Property accumulated during cohabitation is divided not by matrimonial-property law but on ordinary principles — a partner must prove a contribution to acquire a share, applying the reasoning in Rwabinumi v Bahimbisomwe. Children, however, have the same rights whether or not their parents married.
1. Governing law
Marriage in Uganda is a creature of statute: the recognised forms are civil and church marriage (Marriage Act, Cap. 146), customary marriage (Customary Marriage (Registration) Act, Cap. 143), Muslim marriage (Marriage and Divorce of Mohammedans Act, Cap. 147) and Hindu marriage (Hindu Marriage and Divorce Act, Cap. 145). Cohabitation is not among them, so the rights that flow from marriage do not attach to it. For succession this matters directly: the Succession Act, Cap. 268 defines a "spouse" as a husband or wife married in accordance with the laws of Uganda, or under another country's laws and recognised here as a valid marriage — so a cohabiting partner is not a spouse and does not take a spouse's share on intestacy. Property disputes between cohabitants are resolved on ordinary property principles rather than the matrimonial regime: as the Supreme Court explained in Rwabinumi v Bahimbisomwe, the right to own property individually is constitutionally protected (Article 26) and a claimant must prove a direct or indirect contribution to acquire an interest — reasoning that applies with even more force outside marriage. Children are treated differently: a parent's duty to maintain a child does not depend on marriage (Children Act, Cap. 62, s.5), and parentage and maintenance can be pursued regardless of the parents' status (ss.110, 121). Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Succession Act, Cap. 268 (2023 Revision) — definition of "spouse" (a husband or wife married in accordance with the laws of Uganda or a foreign marriage recognised as valid), which excludes a cohabitant from a spouse's intestacy share.
- Marriage Act, Cap. 146; Customary Marriage (Registration) Act, Cap. 143; Marriage and Divorce of Mohammedans Act, Cap. 147; Hindu Marriage and Divorce Act, Cap. 145 — the recognised forms of marriage; cohabitation is not among them.
- Children Act, Cap. 62 (2023 Revision) — s.5 (duty to maintain a child, independent of marriage); ss.110, 121 (declaration of parentage; child maintenance).
- Constitution of the Republic of Uganda, 1995 — Article 26 (right to own property individually or with others).
3. Leading case
Rwabinumi v Bahimbisomwe
The right to own property individually is constitutionally protected; a claim to another's property must be founded on proven contribution — applied here by analogy to cohabitants.
4. Practical guidance
Do not assume long cohabitation creates a marriage or a spouse's rights — it does not under Ugandan law.
If you intend to share property, document it: own land or assets jointly, or record each partner's contribution.
On separation, base any property claim on proven contribution (direct or indirect), not on the relationship itself (Rwabinumi).
Protect succession expectations deliberately — a cohabitant is not a spouse on intestacy, so make a will (see the will guide) to provide for a partner.
Pursue children's rights independently: a parent must maintain the child regardless of marriage (Children Act ss.5, 121), and parentage can be declared (s.110).
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.