Legal expert Kofi Mfum has shed light on property ownership rights within marriage, stating that any land acquired jointly by spouses is presumed to belong to both unless otherwise stated in legal documents.
Speaking on Opemsuo Radio, monitored by News and Vibes, he emphasised that if a spouse intends to claim sole ownership of a property, this must be clearly documented.
Otherwise, in the event of a sale without the other spouse’s consent, legal action can be taken against both the seller and the buyer.
However, legal challenges must be initiated promptly, as delays could prevent a spouse from reclaiming their rights due to the legal principle of estoppel.
If a person’s actions or omissions allow another to believe a false claim, they may lose the right to dispute it in court.
Mfum also advised potential buyers to conduct both formal checks at the Lands Commission and informal investigations before purchasing any property, as a spouse’s name missing from the document does not automatically exclude them from ownership claims.
On property division in divorce cases, he noted that while there is no fixed rule on whether a spouse must have made financial contributions to claim a share, courts often recognise the non-monetary role of a spouse, such as household management, as a significant contribution.
