This article examines the historical development of the distribution of spousal property rights in Ghana, focusing on the changes that have occurred over time, using case law. It begins with the case of Quartey v Martey[1] where women were considered the property of men; consequently, they were unable to own property. Additionally, the article highlights the various principles applied by the courts over the years in deciding matters pertaining to the distribution of spousal property.
Specifically, the article draws upon the principles applied in landmark cases such as Mensah v Mensah[2] (hereafter referred to as Mensah v Mensah No.1) and Gladys Mensah v Stephen Mensah,[3] (hereafter referred to as Mensah v Mensah No.2), Fynn v Fynn[4] as well as Adjei v Adjei,[5] to emphasise the need to harmonise such principles. These cases serve as significant milestones, underscoring the progressive transformation of judicial decisions toward upholding spousal property rights. The paper discusses the customary law principle, the substantial contribution principle, and the equality is equity principle, highlighting their profound impact on the equitable distribution of spousal assets. It concludes by suggesting the enactment of legislation, specifically to regulate the distribution of spousal property in Ghana as prescribed by the Constitution.[6]
Overall, this paper provides a comprehensive understanding of judicial decisions on the distribution of spousal property rights in Ghana and its evolution over time.
