Cohabitation in Nigeria does not automatically give unmarried couples the same legal rights as married couples. Nigerian law does not currently provide a comprehensive statutory framework governing the property and financial rights of couples who live together without marrying.
The Matrimonial Causes Act primarily governs matrimonial matters such as divorce and related reliefs. It does not create matrimonial property rights for couples who were never married.
A 2022 decision of the Mapo Grade ‘A’ Customary Court in Ibadan illustrates this position. After a couple had lived together for 27 years, the court held that there was no customary marriage because the required marriage rites, including bride price, had not been completed.
Can a Cohabiting Partner Claim Property?
Not automatically. However, a partner who contributed to the acquisition or improvement of property registered in the other partner’s name may, depending on the facts and evidence, have an equitable claim.
Nigerian courts recognise equitable doctrines such as resulting and constructive trusts, which can separate legal ownership from beneficial ownership in appropriate circumstances.
This makes evidence important. Bank transfers, receipts, joint payments and other records can help establish a contribution or shared interest in property.
How Can You Protect Your Interests?
If you are living with a partner and jointly acquiring assets, consider putting your financial arrangements in writing. A properly drafted cohabitation agreement can set out how property, expenses and shared assets will be treated.
Most importantly, keep clear records of your contributions. You will need an expert to do this correctly though.
Frequently Asked Questions
1. Does living together make you legally married in Nigeria?
No. Cohabitation alone does not automatically create a statutory or customary marriage.
2. Do unmarried couples have automatic property rights in Nigeria?
No. Property rights generally depend on ownership, contribution, agreements and the particular facts of the case.
3. Can a cohabiting partner claim property registered in the other partner’s name?
Possibly. An equitable claim may arise where the partner can establish a legally recognised interest through their contributions or other evidence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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