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 ...

THE MEANING OF "NEXT OF KIN"   The term “NEXT OF KIN” simpliciter, does not confer the right of inheritance on the person so named.    If so, of what use is the term?"   INTRODUCTION   The meaning and the legal implication of the term “NEXT OF KIN” have been constantly misunderstood by the ordinary public.    It appears, though erroneously, that many people think that once you are appointed the NEXT OF KIN OF A PERSON, it automatically gives you the right to inherit the person’s estate upon his demise.    In fact, many people think that, a NEXT OF KIN gives an exclusive right over a person’s property.   The above erroneous belief and understanding of the term NEXT OF KIN has made many people to shy away from the need...

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...