PROTECTING YOUR INTERESTS IN MARRIAGE: UNDERSTANDING SPOUSAL PROPERTY IN GHANA
PROTECTING YOUR INTERESTS IN MARRIAGE: UNDERSTANDING SPOUSAL PROPERTY IN GHANA
PROTECTING YOUR INTERESTS IN MARRIAGE: UNDERSTANDING SPOUSAL PROPERTY IN GHANA.
Recent public discussions following court decisions on distribution of marital property have brought renewed attention to a critical question: how can individuals protect themselves when it comes to property in marriage?
What is Spousal (Matrimonial) Property?
Spousal property generally refers to property acquired during the subsistence of a marriage.
It is important to clarify:
Property acquired before marriage is not automatically matrimonial property.
If parties are not legally married (including mere cohabitation), the property may not qualify as matrimonial property under the law.
Even within marriage, spouses may choose to own property individually, separate from joint ownership.
At its core, matrimonial property is not automatic, it depends on circumstances, intention, and evidence.
For property to be classified as matrimonial property, the following principles apply:
Nature of Property
It includes both:
Immovable property (e.g., land, houses)
Movable property (e.g., cars, shares, investments)
Timing of Acquisition
The property must have been acquired during the marriage.
Rebuttable Presumption
There is a presumption that property acquired during marriage is matrimonial but this can be challenged with evidence.
Intention of the Parties
There must be clear intention that the property was meant to be jointly owned.
The Right to Own Property
Under Article 18 of the 1992 Constitution of Ghana, every individual has the right to own property independently, even within marriage.
This means:
Marriage does not extinguish personal property rights.
Spouses can hold property solely in their own name.
Special Rules on Land
Under Land Act 2020 (Act 1036) Section 38:
Where land is acquired during marriage, it is presumed to be joint property, even if registered in one spouse’s name.
The spouse in whose name the land is registered may be deemed to hold it in trust for the other.
Consent of both spouses is required before such property can be sold.
Important Caveat:
This presumption depends on clear intention that the property was meant to benefit both parties.
What Happens Upon Divorce?
Under Article 22 of the 1992 Constitution of Ghana:
Property jointly acquired during marriage must be subject to equitable distribution upon dissolution.
Equitable does not mean equal.
It means fair, based on the specific circumstances of the case.
Courts adopt an evidence-based, case-by-case approach.
A major challenge arises where one spouse says:
"I took care of the home while my partner acquired the property, how do I prove my contribution?"
The answer lies in evidence:
Documentary Evidence: Agreements, receipts, bank records, written understandings
Testimonial Evidence: Witness accounts
Conduct Evidence: Demonstrating knowledge, involvement, or support in acquiring the property
Practical advice:
Put important arrangements in writing.
Judicial Guidance:
The Case of AMMA OWUSU SARPONG V. KOJO OWUSU SARPONG (2022-2025)
The Supreme Court in Sarpong v Sarpong laid down key factors courts consider in distributing property:
Duration of the marriage
Ownership of the land on which property stands
Timing of construction relative to the marriage
Source of funds (personal funds vs loans)
Pre-marital assets brought into the marriage
Financial standing and indebtedness of parties
Financial contributions by each spouse
Mutual financial arrangements or understandings
Non-monetary contributions, including: Domestic work , Childcare , Emotional and moral support , The Court affirmed that non-financial contributions are valuable and must be recognized.
In the case of DR. GILBERT ANYETEI v. MRS. SUSSANA ANYETEI CIVIL APPEAL NO.HI/145/2012 dated 2nd November 2017 in COURT OF APPEAL, the court clarified that:
Shares in a business constitute property.
Such interests can also be subject to distribution in marital disputes.
You can own property independently, even in marriage.
Where property is jointly acquired, make your intentions clear.
Keep proper documentation, do not rely on assumptions.
Stay informed and involved in property matters.
Ensure that non-monetary contributions are visible and provable.
Understanding matrimonial property is not about distrust it is about wisdom, clarity, and protection. Proper knowledge and documentation can prevent disputes and ensure fairness if challenges arise.
N.B.: We use court cases as examples because they guide how judges make decisions. Once the Supreme Court decides a case, lower courts must follow it. That decision remains the law unless the Supreme Court later changes it. If the Supreme Court has not decided on an issue, courts may follow the most recent decision of the Court of Appeal.
