Mortgaging Matrimonial Property.

  1. Matrimonial property include buildings or land which a husband or wife (wives) and children reside together. It also includes agricultural and pastoral land. It can also be that property which the husband and wife decide to call matrimonial property.
  2. A spouse has to give written consent after getting independent advice allowing a borrower to mortgage matrimonial property.

 

  • Before getting a mortgage (loan) from the bank, a person borrowing money has a duty to inform the bank about his marital status and whether the property is matrimonial property.
  • The bank has to ascertain whether the applicant is married or not and if the property is matrimonial property.
  • The bank has to explain to the spouse the terms and conditions of the mortgage before an independent person.
  • The bank has to advise the borrower to ensure that the borrower’s spouse gets independent advice on the terms and conditions.
  • Independent advice is given by an independent person, for example a government official, justice of peace, an advocate, a notary public, bank manager, church leader who celebrates marriages, medical practitioner.
  • The spouse or spouses have to provide signed and witnessed document to show that they have received independent advice, have understood and assented to the terms and conditions.
  • The spouse has to give independent and genuine consent.

 

  • A person who impersonates a spouse of a borrower or presents to the bank as his or her spouse a person not being his spouse or forges documents commits an offence and is liable to pay a fine between 960,000 UGX and 2,400,000 UGX OR to imprisonment between 24 month and 60 months.