“Property acquired by spouses during marriage is presumed to be marital property. Upon dissolution of the marriage, the property will be shared in accordance with the “equality is equity” principle except where the spouse who acquired the property can adduce evidence to rebut the presumption”.
After a divorce trial at the High Court between Mr. Adjei (the husband) and Mrs. Adjei (the wife), the judge granted the order for divorce but dismissed the husband’s petition for custody of the children. Custody was granted to the wife with the husband having limited rights of access to them.
The trial judge held that the four flats, which were the subject of dispute were acquired by the husband during the marriage and at a time when the wife was “nurturing the family unit by cooking meals, cleaning, doing laundry and all the associated chores that the stay-at-home partner in a marriage is expected to do without remuneration. Upon this finding, the trial judge ordered that the wife be entitled to one of the flats as the matrimonial home.
Furthermore, the trial judge ordered the husband to pay the sum of five hundred thousand Ghana cedis (GHC500,000.00) to the wife as alimony and one thousand, five...