MUKABARUNGI v. GATSINZI

MUKABARUNGI v. GATSINZI

Property acquired by a spouse after the date of legal separation (retroactive to the date of submission of the divorce action) is not part of the community property and is not subject to division. The appellant failed to prove that the house on plot no 4423 originated from common property after legal separation, so it remains the respondent's personal property.

Citation
RLR V.2 - 2014
Parties
Appellant: Mukabarungi Julienne; Respondent: Gatsinzi Marcel
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
17 April 2014
Case Number
RCAA 0007/13/CS
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; judgment of lower court sustained.
Legal Topics
Divorce, Community Property, Asset Division, Legal Separation, Damages, Jurisdiction
Source Language
en
Family Law Civil Procedure Divorce Community Property Asset Division Legal Separation Damages Jurisdiction

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Parties

Mukabarungi Julienne

Appellant

Gatsinzi Marcel

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the house on plot no 4423 Remera III in Kigali City should be included in the property to be apportioned between the parties
  2. 2 Whether damages should be awarded to Gatsinzi Marcel for being dragged into unnecessary lawsuits

Ratio Decidendi

Property acquired by a spouse after the date of legal separation (retroactive to the date of submission of the divorce action) is not part of the community property and is not subject to division. The appellant failed to prove that the house on plot no 4423 originated from common property after legal separation, so it remains the respondent's personal property.

Court Disposition

Appeal dismissed; judgment of lower court sustained.

Orders

  • The appeal of Mukabarungi Julienne is without merit.
  • The plot no 4423 and the house built on it are not among the apportioned assets between Gatsinzi Marcel and Mukabarungi Julienne.