The legal framework
Ghana has no statutory cohabitation regime, but the courts have developed an equitable approach to jointly acquired property that can assist unmarried partners who contributed to an asset. Customary marriage, which can be registered, remains the accessible route to recognised status.
Key points
| Status | Recognised by statute in some of these jurisdictions, not in others |
|---|---|
| Property | Claims generally rest on proving financial or non-financial contribution |
| Maintenance | Available only where a statute provides for it |
| Inheritance | A partner rarely inherits without a will, unless legislation says otherwise |
| Children | Their rights depend on parentage, not on the parents' marital status |
| Registration of customary marriage | Often the simplest way to convert a de facto union into recognised rights |
| No cohabitation statute | Only Ordinance, customary and Mohammedan marriages have status |
| Customary marriage | Proved by the steps taken between the families |
| Registration | By statutory declaration at the district assembly |
| Intestate Succession Act | Applies to spouses of any recognised marriage, not to cohabitants |
In practice
- Keep documentary proof of every contribution to property — receipts, transfers, building materials.
- Register a customary marriage where that route is available; it is usually the cheapest protection.
- Make a will, and keep a copy with a trusted third party.
- Ensure children are registered and filiation acknowledged.
- Register the customary marriage by statutory declaration while the witnesses are alive.
- Make a will if you are not in a recognised marriage: nothing else will protect your partner.
Cost and coverage
Registration and wills are inexpensive; litigating a contribution claim is not.
Recent changes
The clearest regional trend is judicial recognition of non-financial contribution, alongside statutory protection for long cohabitation in parts of the Caribbean.
Where to go
- Civil registry for marriage registration.
- Legal aid schemes, law clinics and women's rights organisations.
- Local courts for maintenance and property claims.
Worth knowing
A surviving partner without a marriage certificate or a will is in the weakest position of anyone in these systems — often facing the deceased's family with nothing in writing. Fix that while both partners are alive. The Intestate Succession Act protects spouses, not partners. Without a recognised marriage or a will, a long-term partner receives nothing.
Official sources and links
- Ghana.gov — official government portal