MzAgams

Learn about the different types of marital property regimes in Nigeria and how they can affect your assets in case of divorce or death of a spouse.

In Nigeria, there are two main marital property regimes: customary law and statutory law.

Under customary law, marital property is governed by the customs and traditions of the various ethnic groups in Nigeria. Generally, marital property is considered the property of the husband, and he has the right to manage and control it. However, in some communities, women have certain rights to property acquired during marriage.

Under statutory law, marital property is governed by the Matrimonial Causes Act (MCA) and the Married Women’s Property Act (MWPA). The MCA applies to marriages celebrated under the Marriage Act, while the MWPA applies to marriages celebrated under the Customary Law or Islamic Law.

Under the MCA, both spouses have equal rights to the property acquired during the marriage. The property is divided equally between the spouses in the event of divorce or death. However, the court may take into account the contributions of each spouse in determining the division of property.

Under the MWPA, a woman’s property is protected and she has the right to acquire, own, and dispose of property during the marriage. However, the husband has certain rights to the property acquired by the wife, such as the right to administer and manage it.

Case law:

In the case of Ojo v Ojo (1986) 1 NWLR Pt 14, the court held that under the Matrimonial Causes Act, both spouses have equal rights to the property acquired during the marriage, regardless of who acquired the property. The court also held that in determining the division of property, the court should take into account the contributions of each spouse to the acquisition of the property.

In the case of Akanbi v Akanbi (1991) 2 NWLR Pt 171, the court held that under the Married Women’s Property Act, a wife has the right to acquire, own, and dispose of property during the marriage. However, the husband has certain rights to the property acquired by the wife, such as the right to administer and manage it.

in Nigeria, proof of ownership of property is generally strict and requires the presentation of relevant legal documents. This is because of the prevalence of land disputes and fraudulent activities in the acquisition and transfer of property ownership.

To prove ownership of property in Nigeria, one must provide legal documents such as a Certificate of Occupancy (C of O), Deed of Assignment, Deed of Conveyance, Survey Plan, and other relevant documents. These documents serve as evidence of ownership and transfer of property from the seller to the buyer.

Additionally, it is important to verify the authenticity of the legal documents presented and conduct due diligence on the property, such as confirming the identity of the seller, ensuring that there are no disputes or encumbrances on the property, and obtaining relevant permits and approvals.

In cases of disputes or conflicting claims to ownership, parties may resort to litigation to determine the rightful owner of the property. It is advisable to seek the services of a legal practitioner to guide and assist in the process of proving ownership of property in Nigeria.

There are several case laws in Nigeria that emphasize the importance of strict proof of ownership in the settlement of marital property. One of such cases is the case of Odogwu v. Odogwu (2012) 11 NWLR Pt. 1316 Pg. 1.

In this case, the husband and wife were married under customary law, and during the marriage, they acquired some properties. After the marriage broke down, the wife filed a petition for the dissolution of the marriage and requested that the court divide the properties acquired during the marriage equally between them.

However, the husband contested the claim, stating that some of the properties were acquired before the marriage, and therefore, did not qualify as marital property. The court held that in determining the division of the properties, the wife must provide evidence to prove that the properties were indeed acquired during the marriage.

The court emphasized the need for strict proof of ownership and held that the mere fact of living together as husband and wife does not necessarily mean that all properties acquired during that period are marital property. The court further held that the wife must provide evidence such as receipts, contracts, or other relevant documents to prove that the properties were indeed acquired during the marriage.

Therefore, the case of Odogwu v. Odogwu reinforces the principle of strict proof of ownership in the settlement of marital property in Nigeria. It highlights the importance of providing relevant legal documents as evidence to prove ownership and the need to establish the time of acquisition of the properties to determine whether they qualify as marital property.

In Nigeria, the property regime is not always separate property. As I mentioned earlier, there are two main marital property regimes in Nigeria: customary law and statutory law. Under statutory law, marital property is governed by the Matrimonial Causes Act (MCA) and the Married Women’s Property Act (MWPA), which provide for a community of property regime where both spouses have equal rights to the property acquired during the marriage.

However, under customary law, marital property is governed by the customs and traditions of the various ethnic groups in Nigeria, and in some cases, separate property may apply.

One case law that supports separate property under customary law is the case of Ukeje v. Ukeje (2014) 11 NWLR Pt. 1418 Pg. 384. In this case, the court held that under the Igbo customary law, which was applicable to the parties, a married woman has the right to own property separately from her husband.

The case involved a married woman who inherited her father’s property but was denied the right to inherit from her late husband’s estate, as her husband’s family argued that she was not entitled to inherit under Igbo customary law. The court held that the customary law that denies women the right to inherit from their husbands’ estates is unconstitutional, as it violates the equality provisions of the Nigerian Constitution.

The court also held that under Igbo customary law, a married woman has the right to own property separately from her husband, and such property is regarded as her separate property. The court further held that the property inherited by the woman from her father was her separate property, and her husband’s family had no right to lay claim to it.

Therefore, the case of Ukeje v. Ukeje highlights the recognition of separate property under customary law in Nigeria, particularly with regards to a married woman’s right to own property separately from her husband. However, it is important to note that separate property under customary law may vary across different ethnic groups in Nigeria.