Marital property is property that is acquired during marriage and that is subject to distribution or division at the time of marital dissolution.
Justice Bbosa opined that “Matrimonial property is understood differently by different people:
- There is always property which the couple chose to call home.
- There may be property which may be acquired separately by each spouse before or after marriage.
- Then there is property which a husband may hold in trust for the clan.
- Each of these should be considered differently. The property to which each spouse should be entitled is that property which the parties chose to call home and which they jointly contribute to. This means that other types of property except property a person holds in trust for the clan may be considered matrimonial property”. The above decision was noted with approval by the supreme court.
From the above statement, it is noteworthy that;
- Spouses who are legally married are entitled to property which they chose to call home.
- Spouses are also entitled to property they jointly contribute to its acquisition.
- Property one of the spouses solely acquires is NOT matrimonial property unless he or she declares it to be matrimonial property.
- Also, property a person holds in trust for the clan is NOT considered matrimonial property since such a person is a mere trustee but not the owner of the said property.
 Black’s Law Dictionary (8th edition 2004) Bryan A. Garner page 3071
 Decision by Justice Bbosa in Muwanga V Kintu High Court Divorce Appeal No. 135 of 1997
 Julius Rwabinumi V Hope Bahimbisomwe (Civil Appeal No.10 of 2009) Hon. Dr. Esther Kisaakye JSC’S decision at page 23