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Showing posts from March, 2022

WHAT IS A VALID MARRIAGE? THE RIGHTS OF A SPOUSE AND CHILDREN OF AN INFORMAL CUSTOMARY MARRIAGE IN VIEW

A young lady approached me and said: Mr. Lawyer, I have been living with my partner for the past four years? He got me pregnant whiles I was an apprentice with a hairdressing saloon. After the pregnancy, he came to “see” my parents and accepted responsibility. He came with his father who presented a bottle of schnapps to my father. After I gave birth, he came to perform the naming ceremony after which he asked me to move in to live with him. I have supported him to do his business and also build his chamber and hall apartment which we live in now. He now has two shops where he sells hardware. I used to sell at one of the shops, whiles he sells in the other, but he has recently stopped me from going to the other shop. He claims I am spending his money. The Truth is, he doesn’t provide regular money at home, so I usually use some of the sales to buy foodstuff to cook for the three of us. I have discussed with him, that he should help me set up my own hair dressing saloon so I don’t ask h...

THE LAW ON DEATH INTESTATE IN RELATION TO FAMILY PROPERTY

Many Ghanaians live in properties which they falsely believe is theirs, but upon their death, they leave their spouses with troubles and litigation. This short write up will examine a fictional fact situation and use it to explain what the law says about Death Intestate in relation to Family Property.   THE PROBLEM   KWADWO MINTAH died intestate in June 2019. He had built a two-room apartment in which he lived with his beautiful wife Yaa Achaa and their 3-year-old daughter, Akosua Ahuofe. The Land was a family land which other family members had also build similar apartments and living on. In fact, Yaa Achaa had helped his husband in building by contributing financially to help him put up the structure. They wanted to stop paying rent and so they decided to build to have their own peace of mind. Two years after his death, the family of Kwadwo Mintah are asking Yaa Achaa and her daughter to vacate the building because they need it for a family member who is returning fr...