Spouses have Equal Access to Property Acquired during Marriage

Mr Kofi Mfum, a private legal practitioner has said that spouses have equal right to property acquired during marriage.

Speaking on Masem, on Opemsuo Radio, he explained that any land jointly acquired by spouses shall be deemed to belong to both spouses unless a contrary intention is expressed.

Mr Mfum said that where a spouse does not intend the property to be construed as a jointly acquired one, it must be made clear in any conveyance.

He added that if a spouse sells a jointly acquired property without the consent of the other spouse, he can be sued in the court of law together with the buyer of the property.

However, a spouse that intends to sue must do so quickly because he or she may be estopped from taking any action in court. He explained that where a spouse, by his own statement, act or omission, intentionally and deliberately caused or permitted another person to believe a thing to be true, the court will prevent him or her from asserting a right based on the principle of estoppel.

Additionally, he said that the law requires the potential buyer of any land to do both a formal and informal search.

“The fact that only the husband’s name appears on the document does not mean that the property is for only the husband. Though there is a presumption that it belongs to him, it is rebuttable,” he emphasised.

Hence the potential buyer of any land must do a formal search at the Lands Commission and an informal one by making personal enquiries concerning the land.

Regarding the sharing of property during divorce proceedings, he explained that there is no settled law on whether a party is entitled or not to property by reason only because he or she made no financial contribution to the acquisition of the said property.

However, he said that the court considers a wife’s contribution such as performing household chores. Therefore, though she may never have contributed financially, she may receive an equitable proportion of the property.

Being a housewife may be enough contribution.