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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...

LAW ON DISTRIBUTION OF MARITAL PROPERTY UPON DIVORCE : ONE FOR ME, ONE FOR HIM - FAIR OR FOUL?

I bought a piece of land before getting married. I registered it in my name and even started building on it before getting married. But upon marriage, my husband and I agreed that rent would not help us so he helped me to finish the building and we all moved in to live as husband and wife. Now our marriage is on the rocks, and we are getting a divorce. Why should the man who has treated me so badly get a share of this house which is registered in my personal name and not our joint names. Does it not belong to me alone? Can such a property be classified as a marital property? The above scenario and many more are questions that disturb the peace of many people about divorce. The question of “marital property” and how it should be shared. The Law in Ghana on distribution of marital property is very simple and complex at the same time. The law says EQUALITY IS EQUITY . The properties of the couple must be shared in such a way that every person would be equally and adequately catered ...

BUYING A GENUINE LAND IN GHANA – A USEFUL GUIDE TO POTENTIAL LAND OWNERS

We cannot downplay the importance of land in any human endeavour. Various countries have set up various legal regimes to govern the acquisition and use of land and Ghana is not an exception. It is safe to say that Ghana’s laws on land have evolved over the years through our common experiences. These common experiences have found expression in our representatives who have put together the current principal legislation to govern land in Ghana known as the LAND ACT, 2020 (ACT 1036). For purposes of easy reference, I shall refer to this law as “ the Act ” or “ Act 1036 ” as we go on. The Act has put in place several measures to make land acquisition and use easy, safe and legitimate for all. In this article, I will touch on a few sections that I believe will relate to everyday transactions in relation to land purchase and use. TYPES OF INTERESTS IN LAND When you buy land, what do you get? Do you get the right to own it forever? Does the right to own land allow you to do anything you wish o...

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