In Ghana, joint properties acquired during marriage are presumed to be owned equally by both spouses, according to Article 22 of the 1992 Constitution. This provision protects the rights of spouses to reasonable provision out of the estate of the deceased, whether or not they died having made a will.
Key Principles:
– Joint Ownership: Properties acquired jointly during marriage are considered joint property, and both spouses have equal rights to the property.
– Right of Survivorship: In joint tenancy, the surviving spouse automatically inherits the deceased’s share of the property.
– Restrictions on Alienation: A spouse cannot unilaterally dispose of joint property without the consent of the other spouse.
Laws and Judicial Precedents:
– Article 22 of the 1992 Constitution: Provides for spousal rights to reasonable provision out of the estate of the deceased.
– Mensah v Mensah (2012): Established the principle of equality is equity in spousal property rights, where properties acquired during marriage are presumed to be jointly acquired and should be shared equally.
– Arthur v Arthur (2013): Confirmed that spouses no longer need to prove substantive contribution before being considered joint owners of properties acquired during marriage.
– Quartson v Quartson (2012): Ruled that the ratio in Mensah v Mensah should not be taken as a blanket statement, and evidence is required to determine each spouse’s entitlement.
Implications:
– Protection of Spousal Rights: The laws and judicial precedents in Ghana protect the rights of spouses to joint properties acquired during marriage.
– Restrictions on Wills: A deceased spouse cannot will or sell joint properties without the consent of the other spouse, as the surviving spouse has automatic rights to the property.
Ghanaian law recognizes the rights of spouses to joint properties acquired during marriage and provides protection for the surviving spouse. Any attempts by the deceased spouse to will or sell joint properties without the consent of the other spouse may be subject to legal challenges.