Introduction
Property division after divorce in Nigeria is often the hardest part of divorce. Many Nigerians assume that once a marriage ends, the law automatically splits everything into two equal halves. However, that is not correct. This article explains the true position of Nigerian law with regard to property division after the dissolution of a statutory marriage in Nigeria.
If you are unsure how divorce works generally, you may read our guide on the process of divorce in Nigeria.
If you are outside Nigeria and considering ending your marriage, you may also find this helpful: how to dissolve a marriage in Nigeria from abroad.
The Legal Framework for Property Division in Divorce in Nigeria
The law that regulates both dissolution of statutory marriage in Nigeria and property division after divorce is the Matrimonial Causes Act.
The Matrimonial Causes Act uses the phrase “settlement of property” rather than “sharing of assets” or “division of property.”
Section 72(1) empowers the court to require the parties, or either of them, to make a settlement of property to which the parties are entitled for the benefit of the parties and the children, as the court considers just and equitable in the circumstances.
Two points are very important from the provisions of Section 72(1) of the Matrimonial Causes Act reproduced above, namely:
Settlement of property is tied to the property to which a party is entitled. This means that there is nothing like an automatic right to settlement of property by virtue of simply being married. Entitlement to any property is tied strictly to proof.
Under section 82 of the Matrimonial Causes Act, facts are taken as proved if established to the reasonable satisfaction of the court. A spouse must prove the factual basis of the claim to any property after divorce with credible evidence.
The test applied by the court in the settlement of property is what is just and equitable in any given case. This gives the judge the discretion to decide based on the facts of each case.
Who Owns or Gets the Property After Divorce in Nigeria?
Under the Matrimonial Causes Act, the question of who owns or gets the property after divorce is not automatic. It depends on evidence and the facts of each case.
Generally, properties acquired during the marriage belong to the spouse in whose name they were acquired. Being married statutorily to a man or woman does not automatically make you a co-owner of any property acquired by him or her during the marriage. If a property is in one spouse’s name, that spouse is presumed to be the owner. For instance, if the certificate of occupancy over a piece of land is in the name of the husband, he is generally presumed to be the owner of the property unless otherwise proved.
When Can a Spouse Claim a Share in Property?
For the other spouse whose name is not on the purchase receipt to have a share in such property, he or she must claim and prove entitlement to such property with credible evidence. This is because the mere fact that you contracted a statutory marriage does not, without more, give you a share in property acquired by the other spouse in his or her name.
Such a spouse who did not acquire the property can prove his or her entitlement to the property by producing credible and legally admissible evidence to prove that he or she contributed to the acquisition of the said property.
Contribution to the acquisition of a property may be a financial or non-financial contribution. However, most claims fail because contributions are not properly documented. From my experience, most clients will claim that they contributed to the building or purchase of land, but they have no record to show when and how the contribution was made.
For instance, in Akinboni v Akinboni [2002] 5 NWLR (Pt 761) 564, a couple lived together and had children. The wife told the court that the matrimonial house belonged to both of them, even though the title documents were in the husband’s name. She explained that the property was put in his name to enable him to obtain a loan and facilitate the completion of the building.
The trial court believed her and went ahead to divide the property between them. But the Court of Appeal disagreed when the case proceeded on appeal.
The appellate court held that oral statements could not override title documents. According to the court, since the property was in the husband’s name and the wife did not properly prove her entitlement, the order dividing the property was set aside.
The court also emphasised that it is not enough to say a property is “ours.” What matters is what can be proved.
Similarly, in Madu v Madu (2008) 6 NWLR, the dispute concerned a plot of land in Abuja. The certificate of occupancy and all the supporting land documents were in the wife’s name. The husband, however, argued that he provided all the money used to acquire the land and that although the property was documented in her name, she was holding it for him on a resulting trust. In simple terms, a resulting trust arises where property is placed in one person’s name, but the law may recognise that the real beneficial interest belongs to the person who provided the purchase money.
The Supreme Court rejected the husband’s argument. The court placed strong reliance on the documentary evidence. The application for the land, the receipts, and the certificate of occupancy were all in the wife’s name. The court held that oral claims could not be used to contradict clear documentary evidence.
The court also gave a clear warning. Where a person chooses to use another person’s name in a property transaction meant to benefit him, he takes a serious legal risk. The law will generally presume that the person named in the document is the true owner, unless strong and credible evidence proves otherwise.
The lessons from the above cases are as follows:
Being married to a man or woman does not automatically make you a co-owner of any of his or her properties.
To be a co-owner of a property acquired in the name of a spouse, you must present credible evidence to prove your contribution to its acquisition.
However, even where a spouse cannot claim contribution to the acquisition of a property, the court may still protect the spouse in other ways.
For instance, in Akinboni v Akinboni [2002] 5 NWLR (Pt 761) 564, although the wife was unable to prove that the matrimonial home was jointly owned, she and the children were allowed to remain in part of the matrimonial home, and the husband was restrained from selling it.
This shows that Nigerian courts try to balance ownership with fairness, especially where children are involved.
Frequently Asked Questions About Property Division After Divorce in Nigeria
Not automatically. Nigerian law does not recognise an automatic fifty-fifty division of property after divorce. The court will only make orders based on what is just and equitable in the circumstances. A spouse who is asking for a share must prove entitlement, usually by showing contribution to the acquisition of the property or other facts that justify settlement in his or her favour.
Yes, but only in limited circumstances. Where a property is not in the wife’s name, she must prove that she has a legal or beneficial interest in it. This may be done by showing financial contribution, non-financial contribution, or other evidence that the property was intended to benefit both parties. Without such proof, the court will generally recognize the person whose name is on the title as the owner.
Yes, contribution is very important. Courts place significant weight on whether a spouse contributed to the acquisition, development, or improvement of the property. Contribution may be financial, such as paying for the land or building, or non-financial, such as supporting the home in a way that enabled the other spouse to acquire the property. However, the contribution must be proved with credible evidence. Where there is no proof, most claims for a share in property will fail.
Conclusion
Property division in divorce in Nigeria depends on ownership, contributions, evidence, and the court’s discretion. Mere statutory marriage without more does not give right to get property after divorce in Nigeria
If you need personalised legal guidance, you can speak directly with a divorce lawyer in Nigeria or call +2349045532566
Disclaimer
This article is for general information only and does not constitute legal advice. Each case depends on its specific facts. For legal advise kindly engage the services of a legal practitioner of your choice.
