Are you curious about the legal implications of transferring one’s wealth to avoid sharing it with their spouse during a divorce? Well, look no further because we have some interesting insights for you.
Recently, there has been talk on social media about the alleged tactic used by footballer Achraf Hakimi, who reportedly transferred his wealth to his mother’s name, leaving his wife with nothing. However, this tactic may not work in Ghanaian law.
According to Rendorf Twuamsi Ankrah, a legal practitioner and partner at Morrison, Twumasi and Partners, while it is possible to transfer wealth acquired during a marriage, doing so with the aim of enjoying the benefits of it solely is not acceptable under Ghanaian law. The law presumes that any property acquired within the course of a marriage is jointly acquired and thus any action to be taken in connection with said property must receive the explicit consent of the other spouse.
Here Comes the Twist
In other words, any property acquired during the marriage is considered jointly owned, regardless of who it is registered under. If an individual acquires property during the marriage in the name of a friend, a family member, or even a corporate entity, the property could still be declared joint property and be equitably distributed.
So what does “joint efforts” mean? It doesn’t necessarily mean both spouses contributed money to acquire or develop the said property. “Efforts” here, according to Iris Aggrey-Orleans, a legal practitioner and partner at Beyuo and Co., could also refer to unpaid care work – i.e. cleaning, washing, ironing, cooking, and even travelling in the case of a successful footballer.
The law as stated in Article 22 of the 1992 constitution is gender-neutral and applies to both spouses. So, how does one protect their right to solely own property acquired during a marriage? Well, one could be honest with their spouse about their intentions, or better yet, sign a prenuptial agreement.
In conclusion, those hoping to hide their assets from their spouses to avoid sharing them during a divorce will not get away with it under Ghanaian law. Joint efforts and joint ownership are the basis of Ghanaian marital property law. So, if you’re planning on getting married or are currently married, it’s always a good idea to be transparent with your spouse and seek legal advice to protect your assets.
