The Law On Partner’s Property Acquired With Loans | Legal Insight

The Law On Partner’s Property Acquired With Loans | Legal Insight

The laws of Ghana are as complex as the legal processes itself. The courtroom laws of Ghana are mostly not available to ordinary Ghanaians. The end result is the fact that people have to fall prey to the law to face the full rigor of the law. At that point, a “ignorance is not an excuse” slogan would usually pop up. A question that most people would not even think about is the status of a partner’s property acquired with loans with respect to joint ownership.

Joint ownership of assets in Ghana is a very controversial issue in the Ghanaian context, since traditional customary practices forbid such actions. Joint ownership by business owners is not usually of fierce traditional resistance. However, joint ownership of property and assets by couples could even be considered an abomination in some Ghanaian traditions. The traditions that abhor joint ownership of assets by couples have no limitations. This is because whether matrilineal or patrilineal inheritance traditions do not support couples jointly owning properties.

Despite the resistance to traditions with respect to couples jointly owning properties, some couples still go ahead to own properties together. To compound the issue of jointly owning assets is the fact that the contemporary laws of the country provide situations that automatically grant joint ownership of assets by couples. The situation where contemporary laws impose joint ownership of assets brings into sharp conflict between both traditional customs and contemporary laws.

Couples and their families are usually looking for loopholes in the laws that give them sole ownership of property without any interference from the spouse. The appearance of loopholes is usually great whenever there are issues with marriage. Interestingly, while one partner is looking for loopholes to avoid sharing properties, the other party would be looking for a loophole that grants them joint access to the other partner’s asset.

See also: Collective Agreement Review 2023 | More Allawa?

The position of the law on a property acquired with loan

In a legal education program, it was disclosed that “where a husband or a wife takes an individual loan to build or develop a house during the course of the marriage, that property shall not be considered as property jointly acquired until the loan is fully paid,” Adjei v Adjei (2021)

This court ruling has become a law on its own that can be quoted in other cases. The case is now a point for discussion among couples and the general public. The loophole that this law provides will also be the focus of discussion.

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