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I want my land, things for our marriage plans back
All indications were clear that marriage was our destination.
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My parents knew and approved of this relationship.
We were glued to each other.
I am a banker but she just completed university and is presently undertaking her mandatory national service.
The initial plan was to be married after her national service.
In that regard, I went to her parents and took a list of items to purchase and present before and after marriage.
The list was tall but I did not complain because I loved her.
I singlehandedly purchased all the items among which were expensive kente clothes, drinks, clothes, drinks, rings, Bible, among others.
On top of that I purchased a piece of land and used her name in the documentation which I gave to her for safe-keeping.
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Additionally, I bought brand new household appliances, furniture and fittings.
All that was actually left was for the Pastor to give us a date.
However, the relationship began to turn sore.
Her behaviour changed and all pieces of advice fell on deaf ears.
She broke my heart and all efforts to get her to change her have fallen on deaf ears.
Presently, I have requested of her to hand over the documents to the land and all the items I purchased.
She tells me she has sold the land.
Is there any way that I can get back the land and the items I bought for her since the reason for which I purchased the items has failed?
Kwame Tweneboa,
Kumasi.
Dear Kwame, It is rather unfortunate that your fiancée has chosen to embark on this line of action especially so when all was set for the marriage.
My sympathies are with you as I can imagine the considerable hardship she has put you through, not to talk about the shame and emotional situation that you find yourself in right now.
The position of the law is that where land is conveyed to one person but the purchase price is paid by another person, there is a resulting trust in favour of him/her who paid the purchase price unless a gift was intended by the one paying the purchase price in favour of the other.
Also, if a person paying the purchase price provides only part of the price, he/she acquires a share, in equity, proportional to what he/she paid.
Such a resulting trust is based only on prima facie presumption that the person who paid the purchase price did not, in the absence of express words, intend to forgo the beneficial interest himself.
It is a presumption which may be rebutted by showing that the money was paid as a gift or a loan or that the payment was intended as an advancement (which in this case does not apply to the facts as stated above).
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Upon establishing that the person who advanced the purchasing money did not intend a gift, loan or advancement, the court can make orders for the person in whose name the properties were purchased to transfer the same to the person who advanced the purchasing money.
It is important to state that the person who advanced the purchasing money must prove that indeed he advanced the purchasing money.
Applying the rules above to the facts as stated, since you advanced the purchasing money used to buy the land and the other items, the land and the other items belong to you.
I will, therefore, advise that you obtain the services of a lawyer to sue on your behalf for the recovery of the land and other items that you purchased in the name of your fiancée.
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In the event that she has sold the land as she claims, the money used in purchasing the land belongs to you.
The success of your claim, as indicated above, will depend on whether you are able to prove to the court that indeed you advanced the purchasing money for the said items.