How to Force a House Sale through the Courts in Ghana

Discover how you can legally force the sale of a property in Ghana by going through the courts.

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How to Force a House Sale through the Courts in Ghana
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House sale is a process of transferring ownership of a property to someone else. It is seen as the last resort by many when they are looking to move on from an old home. This can be for various reasons such as divorce or relocation. Selling your house privately can be difficult and time-consuming with the need to advertise, show properties and wait for potential buyers to come forward. If you are not in a hurry and have enough patience, this route may suit you better. However, if you want to sell it quickly and don’t want all the hassle, then selling your house through the courts may be more suitable for you.

This blog post will provide some tips on how to force a house sale through the courts in Ghana.


Court Procedure

The process of forcing a house sale through the courts in Ghana is not as simple as you would expect. One must first go to court, apply for a court order and then enforce that court order by changing the locks on your property.

Before we get into the process, it is important to note that it is not necessary for both parties involved in the sale to have an agreement. The seller can go to court; file a claim; be awarded the property and then sell it to a new buyer.


Assessing the property

One of the first things you will need to do is assess the property. This will give you a better idea of how much it is worth and whether or not it could sell quickly. If there are any problems with the property, these will need to be addressed before it can be sold.


What to take into consideration before starting the process

Before you start the process, it is important to note that selling your property through the courts can be time-consuming and expensive. You will need to take into account a number of factors before starting this process.

These include:

The reasons why you are selling your house;

What size of house you have;

How many people have an interest in buying your property and what their budget is;

The location of the house - some areas are more popular than others due to the demand for properties;

Whether you want to sell it on a joint ownership or sole ownership basis; and,

How much money you would want for the property.


What to do in preparation for the court hearing

The first step in the process of getting your house sold through the courts is to know your reasons for doing it. This will help you make a decision if you want to proceed with this route. Next, you need to gather all the necessary documents and information about your home, mortgage, ownership and any outstanding payments that are owed on the property.

Next, you need to decide on how much money you want for your property and have this information ready when you go to court. You will also need an affidavit from the bank or mortgage company stating that they are willing to accept less than what is owed on the property as payment. They will then sell it at auction and get back what they can from the sale.


The court hearing itself

The courts will give you a date for the hearing and it is important that they know in advance if you are going to attend or not. If you do not, the order may be made without your input and this could have implications on the terms of sale. The court will also need a copy of the property deed, proof of ownership and a sworn statement from you stating why you are selling the property.


After the court hearing is over and what to do next

When the court hearing is over, you will need to wait for a judgment or order. This could take anything up to 6 months and in most cases, it is less than this time frame.

The judgment or order will state the date for when your property should be vacated by the tenant. You should then follow this instruction promptly, as failure to do so will result in a warrant of eviction being issued.

If you want to sell your house quickly, this route may suit you better. However, if you want to sell it privately and can wait for the process to be completed, then you may find that this route suits you better.