A Ghanaian Facebook user identified as ‘David Livingstone’ has given some tips to fellow men about the need to acquire properties before bringing inn a woman as a wife.
According to him, any property acquired by a man after marriage automatically means a wife has has 50 percent ownership in it and should there be a case of divorce, she has the right to claim that 50% even if she did not contribute any quota in raising those properties.
This in his words does not applies to when one acquired the properties before bringing inn any woman as a wife because it is assumed she has no contribution into it since it was something that existed before her arrival.
His advice came as a reaction to the ongoing battle between Ex Footballer Odartey Lamptey and his ex wife who is fighting hard to gain ownership of a seven bedroom apartment located in East Legon.
Below is the post from Livingston :
“Dads, I have read the full Judgement of Odartey Lamptey v Odartey Lamptey. The High Court Judge was thorough and fair. However, I have some advice for you Dads, as a Paralegal and a Jurist Doctor, and not as a lay Preacher or Cyber Security Engineer or Entrepreneur.”
- If you do not want major properties you have to become a subject of dispute in the event of divorce of marriage, then acquire the properties before you marry. Any property acquired before marriage is not a Spousal Property so it’s safe. (See Fynn v Fynn)
- Whether you marry under Customary or Ordinance, all properties acquired within the marriage period are subject to sharing 50-50 between you and your wife, whether or not she contributed a pesewa to the building of the property, it also doesnt matter whether you built it solely in your name (See Mensah v Mensah)
- Contrary to popular belief, a Customary marriage can actually become a Court Divorce, the Law allows an aggrieved party in a Customary marriage to proceed to Court for Divorce or if there are issues of cintention e.g. child custody.
- If you foresee that you are going to be very wealthy soon but it will happen in marriage, then consider a Prenuptial agreement, popularly known as a Prenup.”