When a marriage breaks down in Ghana, one of the most contentious issues is always property. Who gets the house? Can a spouse be thrown out of the matrimonial home? What happens to land the family built together? The answers depend on the type of marriage, how property is titled, and whether there's a will or prenuptial agreement.
Types of Marriage in Ghana and Their Property Implications
Marriage Under the Marriage Ordinance (Cap 127)
A formal marriage registered at the Births, Deaths and Marriages Registry. On divorce, the court has broad discretion to order property settlement between the parties — the matrimonial home, savings, business assets, and other property can all be considered.
Customary Marriage
Conducted according to the customs of the husband's ethnic group (typically payment of bride price, family gatherings). Property rights on dissolution depend heavily on customary law and the specific customs of the family — courts apply customary law principles modified by equity.
Cohabitation (No Marriage)
No formal property rights exist. If a couple separates after years of cohabitation, neither has automatic property claims against the other. The courts may apply trust principles (constructive trust) if one party contributed to property owned by the other — but this requires litigation and evidence of contribution.
The Matrimonial Home: Can a Spouse Be Evicted?
A spouse (ordinance or customary) cannot be summarily evicted from the matrimonial home without court order, even if the home is registered in the other spouse's name alone. The court can order:
- The home to be sold and proceeds divided
- One spouse to have exclusive occupation (typically the parent with custody of children)
- Transfer of the home to one spouse
Property Registered in One Spouse's Name
If land is registered in only one spouse's name, the other spouse may still have a beneficial interest if they:
- Contributed financially to the purchase or construction
- Made substantial indirect contributions (e.g., managing the home and children so the other could earn)
- Were promised a share in the property
These claims are argued as constructive trust or proprietary estoppel claims — they require a lawyer and court proceedings.
Protection: How to Document Your Contribution
- Bank transfers labelled "house construction" or "land payment"
- Receipts for materials bought
- Photos of construction progress with dates
- Witness statements from people who saw you contribute
Prenuptial Agreements in Ghana
Prenuptial agreements (prenups) are not specifically regulated by Ghana statute law, but courts have recognised agreements made before marriage that deal with property on divorce. A prenup should be:
- In writing and signed by both parties
- Made with independent legal advice for each party
- Made without duress
- Reasonable — courts will not enforce terms that leave one party destitute
Children and Property on Divorce
The court's primary consideration is the welfare of children. Even if a property is in one spouse's name, the court may order that the other spouse (with custody) remain in the matrimonial home until the youngest child is 18.
Use our free Estate Administration Guide. Read about what happens to property without a will and writing a valid will.