Should gifts in marriage belong solely to the receiving spouse or be shared after divorce?
Traditionally, many couples have shared assets acquired during marriage, with some even considering gifts as part of their joint marital property.
As Uganda’s parliament deliberates on the new Marriage Bill, one provision is stirring up lively debate—should gifts exchanged during marriage belong solely to the receiving spouse?
This seemingly straightforward aspect has sparked differing views across the country, from married couples to legal experts, as they weigh in on the potential impacts of this proposed law.
The bill, which focuses on property rights and child protection, seeks to redefine how marital assets and gifts are handled within the union.
Traditionally, many couples have shared assets acquired during marriage, with some even considering gifts as part of their joint marital property. However, the new provision specifies that gifts, regardless of their value or significance, belong exclusively to the individual who received them.
The Public Reacts: Fair or Divisive?
For some, the idea that gifts should solely belong to the recipient makes perfect sense. Kampala resident Grace Nakato, a 34-year-old marketing executive, supports the proposed change.
“When someone gives me a gift, it’s meant for me, not both of us. I don’t see why that should change because I’m married. Personal gifts are just that—personal,” Nakato asserts.
On the other hand, Joseph Lwanga, a father of three and businessman, believes that the rule could create unnecessary divisions in marriages. “In our culture, marriage is about sharing everything—our lives, our wealth, and yes, even the gifts we receive. If my wife gets a gift, I don’t feel excluded; I see it as something for us both. This new law could change the spirit of togetherness,” he says.
For younger couples, however, the law seems to reflect a modern approach to relationships. Sandra Mbabazi, a 27-year-old newlywed, says, “It’s important to maintain some independence in a marriage, and keeping personal gifts separate helps with that. It’s not about being selfish—it’s about respecting each other’s individuality.”
Expert Analysis: Legal and Social Implications
From a legal perspective, experts say the provision could bring much-needed clarity to disputes about personal property in marriages, especially in cases of divorce. Dr. Agnes Kyomuhendo, a family law expert, explains that while shared assets like homes and investments should be equitably divided, personal gifts are a gray area.
“Many divorce cases get entangled in arguments over what belongs to whom, especially when it comes to gifts exchanged during the marriage. This law could simplify matters by setting clear guidelines. It ensures that personal gifts, which are often sentimental, remain with the person they were intended for,” Dr. Kyomuhendo says.
However, she also points out that this provision may need to be applied with nuance. “Not all gifts are simple tokens; some may be substantial assets like cars or properties. In such cases, the value of the gift may affect both parties’ financial standing, and that needs to be considered.”
Cultural Shifts in Marriage
The idea of gifts belonging solely to the recipient marks a cultural shift in how Ugandan society views marriage and property ownership. Traditionally, marriage in Uganda has been seen as a union where couples share everything.
But with the rise of more individualized approaches to marriage—especially among younger generations—this provision may reflect a growing desire to maintain some personal autonomy within the institution of marriage.
Simon Okello, a sociologist, believes the law aligns with changing societal attitudes. “We are seeing a shift in how people perceive marriage. Younger generations are more open to keeping parts of their identity and possessions independent. This provision in the bill speaks to that change—recognizing that while marriage is a partnership, individuals still have their own lives and interests,” Okello notes.
Looking Ahead: The Future of Gifts in Marriage
As parliament continues to debate the Marriage Bill, the issue of gifts belonging solely to the recipient remains a focal point. While some see it as a step toward modernizing marriage laws, others worry it may sow discord between couples. Regardless of the final decision, the bill is already sparking meaningful conversations about how marriage and property rights are evolving in Uganda.
For many couples, the outcome of this bill will shape not only the legal aspects of their union but also how they navigate the delicate balance between personal independence and shared partnership within their marriages.
