I bought a piece of land before getting married. I registered it in my name and even started building on it before getting married. But upon marriage, my husband and I agreed that rent would not help us so he helped me to finish the building and we all moved in to live as husband and wife. Now our marriage is on the rocks, and we are getting a divorce. Why should the man who has treated me so badly get a share of this house which is registered in my personal name and not our joint names. Does it not belong to me alone? Can such a property be classified as a marital property? The above scenario and many more are questions that disturb the peace of many people about divorce. The question of “marital property” and how it should be shared. The Law in Ghana on distribution of marital property is very simple and complex at the same time. The law says EQUALITY IS EQUITY . The properties of the couple must be shared in such a way that every person would be equally and adequately catered for.

A young lady approached me and said: Mr. Lawyer, I have been living with my partner for the past four years? He got me pregnant whiles I was an apprentice with a hairdressing saloon. After the pregnancy, he came to “see” my parents and accepted responsibility. He came with his father who presented a bottle of schnapps to my father. After I gave birth, he came to perform the naming ceremony after which he asked me to move in to live with him. I have supported him to do his business and also build his chamber and hall apartment which we live in now. He now has two shops where he sells hardware. I used to sell at one of the shops, whiles he sells in the other, but he has recently stopped me from going to the other shop. He claims I am spending his money. The Truth is, he doesn’t provide regular money at home, so I usually use some of the sales to buy foodstuff to cook for the three of us. I have discussed with him, that he should help me set up my own hair dressing saloon so I don’t ask h