The acquisition of landed property is one of the most significant transactions undertaken by individuals and businesses in Ghana. Traditionally, a person who intends to acquire land may purchase the property in his or her personal name. However, another important method is to acquire the property through a company.
Land is one of the most significant forms of property that individuals acquire during their lifetime. In Ghana, land m;ay be transferred during the owner’s lifetime through transactions such as conveyances, leases, gifts and assignments. However, an owner may also determine who should receive his or her interest in land after death by making a will.
There is no statutory or judicial rule in Ghana prescribing a compulsory structure for commercial contracts. Under the Contracts Act, 1960 (Act 25), as well as common law principles applied by Ghanaian courts, a contract is binding once the essential elements of formation exist. Courts routinely enforce informal documents, handwritten agreements, emails, and poorly structured contracts if the intention to create legal relations is established.
A gift of land is a voluntary transfer of an interest in land from one person to another without valuable consideration.
A gift of land is a voluntary transfer of an interest or right in land without valuable consideration. It is therefore distinguishable from an ordinary sale, where the transferee provides monetary or other valuable consideration for the interest acquired.
Marriage fundamentally changes the legal and economic relationship between two people. It creates obligations of support, companionship and mutual responsibility, but it can also create significant questions concerning the ownership and division of property acquired during the relationship.
The sale of land or a building does not necessarily end when the purchase price is paid and the parties sign an agreement. One of the most important stages of a property transaction is the actual transfer of possession and occupation from the seller to the purchaser.
What happens to the family home? Can a spouse claim part of a business? Does the wife automatically get half of the husband’s property? What happens to the children? Can one spouse sell the property before the divorce is completed? These questions can sometimes be more difficult than the divorce itself. Under Ghanaian law, the rights of spouses upon divorce are governed principally by the Matrimonial Causes Act, 1971 (Act 367), the 1992 Constitution, and decisions of the Ghanaian courts.
Many people assume that the mother automatically gets custody because she is the mother. Others believe that the father has the stronger claim because he earns more money. Neither is automatically true.
Under Ghanaian law, the central question is the welfare and best interests of the child. The court is not deciding which parent won the divorce. It is deciding what arrangement is best for the child. The main legal framework includes the Matrimonial Causes Act, 1971 (Act 367) and Ghana’s child-protection laws.
Where a marriage is legally recognized, its dissolution generally requires a legal process before the appropriate court. But what exactly must a spouse prove? Can one spouse obtain a divorce if the other refuses? What happens to the children? What about the family house and other property acquired during the marriage? Can a spouse hide or sell assets during the proceedings? This article explains the basic legal process for divorce in Ghana under the Matrimonial Causes Act, 1971 (act 367) and answers some of the questions people commonly ask.
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