Joint Property Ownership in Ghana: How It Works

Many Ghanaians buy land jointly — with a spouse, business partner, sibling, or friend. But few understand the legal implications of different forms of joint ownership. Getting this wrong can cost you your share of the property.

Two Types of Joint Ownership

1. Joint Tenancy

In a joint tenancy:

• Both owners hold the property as a single unit — neither has a distinct "half"
• Right of survivorship: If one owner dies, their share automatically passes to the surviving owner — regardless of any will
• The property cannot be passed to heirs (it goes to the surviving co-owner)
• One owner can sever the joint tenancy (convert it to tenancy in common) by selling or transferring their interest

Best for: Spouses who want the survivor to inherit automatically.

2. Tenancy in Common

In a tenancy in common:

• Each owner holds a distinct, separable share (e.g., 50/50 or 60/40)
• No right of survivorship: When one owner dies, their share passes through their estate (by will or intestacy)
• Each owner can sell, mortgage, or give away their share independently
• Shares don't have to be equal

Best for: Business partners, investors, siblings with different inheritance wishes.

What Ghana Law Defaults To

If your indenture says "A and B" without specifying the type of ownership, Ghana courts typically treat this as a joint tenancy. If you want tenancy in common with specific shares, your indenture must explicitly state it.

Protecting Your Interest

For Married Couples

• Joint tenancy means the surviving spouse gets everything automatically — bypassing the rest of the estate
• This may or may not be what you want if you have children from other relationships
• Discuss with your lawyer which form is right for your family situation

For Business Partners

• Tenancy in common is usually better — each partner's share passes to their own heirs
• Include a buy-sell agreement: if one partner wants to sell, the other gets first right of refusal
• Specify what happens if one partner dies — can their heirs become co-owners?

For Siblings/Investors

• A tenancy in common agreement should specify:
  • Each person's percentage share
  • Who manages the property
  • How expenses are divided
  • Exit mechanism (how to sell your share)
  • Dispute resolution

Common Problems with Joint Ownership

• One party wants to sell, the other doesn't: Either party can apply to court for a forced sale (partition action)
• One party stops paying expenses: The other can sue for contribution or have their share reduced
• Death of a co-owner with no clear documents: Creates estate complications, especially in joint tenancy
• One party mortgages their share: In tenancy in common, a co-owner can mortgage their share without the other's consent

Getting It Right

1. Have a lawyer draft the indenture specifying the type of joint ownership
2. If tenancy in common, specify each party's exact share
3. Create a co-ownership agreement covering management, expenses, and exit
4. Register the interest at the Lands Commission in both names

Before buying jointly, use our free Land Deal Risk Check. Read about essential land documents and transferring ownership.