CEPIL organized a round table conference on Property Rights of Spouses Bill which is currently before Parliament. CEPIL lauds the concerns of the drafters of the Bill that there is inadequate legislation on property rights of spouses in Ghana and therefore the argent need for one. The existing legal framework that addresses the issue of property rights of spouses during marriage and on dissolution are the Matrimonial Causes Act 1971 (Act 367), Customary Law and Case Law. These legal frameworks are inadequate based on the following reasons: Lack of recognition of contribution of non-working spouse, Judges are giving the discretion to determine the interest of claiming spouses and reliance on proof of substantial contribution.
Even though the basis of the Bill is well founded, participants of the conference were of the view that the definition of concepts such as cohabitation, joint property, substantial contribution as there are defined in the Bill, are inadequate and are contentious. CEPIL in a memorandum forwarded the recommendations of the conference to Parliament.