My Stepfather at ‘war’ with me over my late mother’s house

Dear Obaa Yaa,

I am a 39-year-old woman and the eldest of four children. My mother died five years ago. Before her death, she owned a house where she lived with my stepfather and my younger siblings. My stepfather had been married to my mother for more than 20 years.

After the death of mother. My stepfather has gone to court, claiming that the house belongs to him. He says he contributed money towards the construction and maintenance of the property and that my mother’s children have no right to interfere with it.

He has even accused me and my siblings of trying to take the house from him.

I am shocked because my mother was the person who acquired the land and started the building. She also told us several times that the house was meant to remain in the family.

There is no written agreement between my mother and my stepfather about who owns what, and I am worried that this case could divide the family permanently.

My younger siblings are also angry with me because they believe I should fight my stepfather until the house is given to us.

Obaa Yaa, should I fight him in court or try to settle the matter outside court?

From Frimpongmaa,

Assin Praso.

Dear Frimpongmaa, 

I am sorry you are going through this. A dispute over your late mother’s home can be very painful, especially when it involves your stepfather. Do not give up on the house or sign any document simply because he has sued you. Being sued does not mean that he automatically owns the property.

Find out exactly what your stepfather is claiming, for example, whether he says the house belongs to him, that he is the beneficiary, or that you have no right to the property.

The court will determine who legally owns the property based on the applicable succession law and the evidence.

The exact answer can change considerably depending on where the house is located, whether your mother left a Will, how she acquired the house, what type of marriage she had with your stepfather, whether there are other children, and the applicable customary/statutory law.