Marriage And Property In Nigeria: What Couples Need To Know About Their Rights

Understanding the Legal Framework Governing Marital Property Rights in Nigeria

Marriage does more than unite two people, it also has significant implications for property ownership and distribution. Whether you are preparing for marriage or already married, it is important to understand the laws that shape how assets are acquired, owned, and shared. In Nigeria, marital property rights are guided by a combination of statutory laws, customary and Islamic rules, and judicial decisions. They determine how property is treated during marriage, divorce, or even after the death of a spouse. This article will explain the key laws and principles that govern marital property in Nigeria, highlight the protections available to spouses, and outline the challenges couples may face when navigating property ownership, division, and inheritance.

Key Legal Sources on Marital Property Rights

Several laws and legal principles shape how property is owned, managed, and distributed within Nigerian marriages. Together, they create a framework that applies differently depending on the type of marriage entered into, whether statutory, customary, or Islamic.

1. The Constitution of Nigeria¹: Section 43 guarantees every citizen the right to acquire and own property. This right applies equally to men and women, regardless of marital status.
2. UK Married Women's Property Act 1882: Although originally a UK statute, this law still applies in Nigeria as a Statute of General Application. It recognizes the right of a married woman to acquire, manage, and dispose of property in her own name as though she were unmarried. Importantly, it also gives her the right to take legal action, even against her husband, to safeguard her separate property.²
3. Matrimonial Causes Act (MCA)³: The MCA governs statutory marriages and empowers courts to issue property settlement orders during divorce.⁴ In doing so, courts assess both legal ownership and the financial or non-financial contributions of each spouse.⁵ However, the MCA does not automatically create joint ownership; property usually belongs to the legal title holder unless a beneficial interest is proven.⁶
4. Customary Law: Under customary marriage, property rights often favor the husband or his family. Wives generally have no automatic claim to family property unless they prove joint contributions. Widows' inheritance rights vary by ethnic group,⁷ but courts are increasingly striking down discriminatory customs as unconstitutional.
5. Islamic Law: Islamic law allows both men and women to own property. A wife keeps ownership of her mahr (dowry) and any assets she acquires. Husbands are obliged to provide maintenance, and upon divorce, wives retain their mahr and may also receive financial support. Division of property can also be guided by contracts entered into by the spouses.⁸
6. Judicial Precedent: Courts play a central role in interpreting the law on marital property. In Aderounmu v. Aderounmu,⁹ for example, the court affirmed that a married woman has full capacity to acquire and dispose of property independently. Such precedents are often used to ensure fairness in property settlements.
7. Administration of Estate Laws: Where a spouse dies intestate (without a will), state laws on the administration of estates govern how property passes to the surviving spouse and children. These laws also apply to property not covered in a will.¹⁰
8. Violence Against Persons (Prohibition) Act 2015: This Act strengthens protections for women by prohibiting the forced disinheritance of widows and safeguarding their property rights.¹¹

Despite these multiple layers of law, Nigeria does not yet have a single, unified statute on marital property rights. Courts therefore exercise considerable discretion, balancing legal principles and fairness in each case.

Types of Marital Property

In Nigeria, marital property is generally classified into two categories: jointly owned property and separate property. The distinction matters because it determines what assets may be shared between spouses during divorce or separation.

1. Jointly Owned Property: These are assets acquired during the marriage through the joint efforts of both spouses. Contributions can take many forms—financial resources, property in kind, or even domestic services that support the family. Nigerian courts have of the Violence Against Persons (Prohibition) Act 2015 consistently emphasized that what matters is not whose name is on the title but whether there was joint contribution or acquisition.¹² In Okwueze v. Okwueze, the Supreme Court clarified that substance, rather than form, governs ownership. This means that if one spouse can show evidence of contribution, they are entitled to a share of the property regardless of the registered title.¹³
2. Separate Property: Separate property consists of assets that usually remain with one spouse and are not divided upon divorce or separation. They include:
   1. Pre-marriage assets: Property acquired before marriage generally remains the owner's, unless the other spouse made substantial contributions to its maintenance or improvement.
   2. Gifts: Personal gifts received by a spouse are considered separate, unless there is clear proof that they were intended to benefit both parties.¹⁴
   3. Inheritance: Property inherited from family remains separate, but if it has been significantly improved, managed, or invested in by both spouses, the non-owning spouse may claim a beneficial interest.¹⁵

Key Point: The classification of property in marriage depends not only on when the asset was acquired but also on the contributions—direct or indirect—made by either spouse. Courts take a practical approach, looking beyond paperwork to the realities of ownership and effort.

Key Considerations in Property Ownership and Marital Rights in Nigeria

1. Treatment of Income and Earnings During Marriage: Income earned by either spouse during marriage is generally treated as separate property, unless both parties use it for joint investments or to acquire assets registered in both names. However, Nigerian courts recognize that contributions are not limited to money. In Akinbuwa v. Akinbuwa, the court held that a wife's role in homemaking and childcare could amount to a sufficient contribution, entitling her to a share of property acquired with her husband's income.¹⁶
2. Ownership and Control of Marital Property during Marriage: Ownership and control of marital property depend on the type of marriage and how the property was acquired. In statutory marriages, property registered in a spouse's name legally belongs to that spouse, unless the other can prove a contribution that creates an equitable interest.¹⁷ While spouses may freely dispose of individually owned property, they cannot unilaterally sell jointly owned assets or the matrimonial home without consent. Such a sale would be invalid.¹⁸ Under Islamic law, a wife's property remains entirely under her control, and a husband cannot manage or dispose of it without her consent.
3. Impact of Polygamous Marriages on Property Rights: Customary law marriages often involve polygamous arrangements. Each wife may have separate living quarters or assets, but property acquired by the husband is generally regarded as family property, often inherited by sons or the first wife. Despite this, courts have increasingly recognized the contributions of each wife to family assets.¹⁹ Under Islamic law, a husband's property does not automatically belong to his wives; rights arise from contractual agreements such as mahr, with inheritance shares fixed by Islamic law. Importantly, both customary and Islamic law must operate within the framework of the Nigerian Constitution, meaning discriminatory rules that deny women equal rights to property are invalid.²⁰
4. Independent Ownership of a Woman's Property: The right to own property is a constitutional right in Nigeria that applies equally to women. The Married Women's Property Act reinforces this by granting married women full capacity to acquire, manage, and dispose of property independently.²¹ Property a woman acquires before or during marriage remains her separate property, which she may control without interference from her husband. This right is recognized across statutory, customary, and Islamic marriages.
5. Distribution of Matrimonial Property upon Divorce: Nigerian law does not assume that all assets acquired during marriage are jointly owned. Under Section 72 of the Matrimonial Causes Act, a spouse must prove financial or non-financial contributions to claim a share. In Aguolu v. Aguolu, the Court of Appeal reaffirmed that marriage alone does not entitle a spouse to an equal share of property; contribution must be shown.²² When distributing property upon divorce, courts apply equitable principles to ensure fairness.²³
6. They consider:
7. • the financial and non-financial contributions of each spouse;
   • the welfare of any children;
   • the length of the marriage;,
   • the economic position of each spouse after divorce; and
   • any agreements between the parties.

Courts may also rely on principles of resulting or constructive trust (legal doctrines that allow the court to recognize a person's ownership interest even if their name is not on the title). This approach ensures that legal ownership reflects actual contributions and promotes fairness.

Guidance for Nigerian Couples to Safeguard their Interests

1. Register Property in Both Names: When buying property together, ensure both spouses' names appear clearly on the title (e.g., "Mr. John Doe and Mrs. Jane Doe"). Avoid vague titles such as "Mr. & Mrs. Doe", which may create uncertainty about ownership rights.
2. Consider Prenuptial or Postnuptial Agreements: These agreements allow couples to define in advance how property will be owned and managed. They provide clarity and reduce conflict in the event of divorce or separation.
3. Keep Records of Contributions: Maintain clear documentation of financial and non financial contributions made towards the purchase, improvement, or upkeep of joint property. Such records can be vital if a dispute arises.
4. Plan for Inheritance: Prepare a will or set up a trust to ensure assets are distributed according to your wishes. This is especially important in polygamous families or where assets are located across different countries.
5. Regular Review of Estate Plan: Regularly update your estate plan to reflect changes in marriage, finances, and joint property arrangements.

Conclusion

Marital property rights in Nigeria are governed by a complex mix of statutory law, customary practices, Islamic principles, and judicial precedent. Although Nigerian law recognizes the right to own and manage property, challenges remain in areas such as joint ownership, inheritance, and recognition of non-financial contributions. These gaps make it especially important for couples to take proactive steps—such as documenting contributions, clarifying ownership, and making inheritance plans—to avoid disputes. For individuals seeking to protect their interests or navigate the complexities of marital property, seeking legal counsel is essential. For further guidance, please contact: Funmilola Mesaiyete (lola.mesaiyete@scp-law.com), Oluwaseyi Adebayo (oluwaseyi.adebayo@scp-law.com) or Rosecarmel Odeh (rosecarmel.odeh@scp law.com).

Footnotes

1 The Constitution of the Federal Republic of Nigeria, 1999 (as amended).

2 Section 12 of the Married Women's Property Act.

3 Matrimonial Causes Act, Cap M7, LFN, 2004.

4 Section 69 of the MCA, 2004

5 Section 72(1) of the Matrimonial Causes Act 2004

6 Sunmonu v Sunmonu (2021) LPELR-56002(CA)

7 For instance, in Yorubaland, the customary distribution of assets is bifurcated into two main methods. The first, called ori oju ori, means that the deceased's assets are shared equally among the wives and children. The second, known as idi igi, dictates that the distribution is based on the number of wives or women who had children with the deceased.

8 See Bello v. Bello (1971) NNLR 11

9 (2003) 2 NWLR (Pt. 803) 1

10 For instance, Section 49 of Administration of Estate Law of Lagos State, 2003.

11 Section 15

12 Ugbah v. Ugbah (2009) 9 NWLR (Pt. 1146) 225 at 250

13 (1989) 2 NWLR (Pt. 101) 232

14 Essien v. Essien (2009) 2 NWLR (Pt. 1126) 594, where the court upheld that personal gifts are not matrimonial assets unless converted into joint property by express or implied agreement.

15 See Obiekwe v. Obiekwe (2011) LPELR-4661(CA).

16 (1998) 7 NWLR (Pt. 559) 661

17 Ugbah v. Ugbah (2008) LLJR-CA

18 Ajayi v. Ajayi (2008) All FWLR (Pt. 415) 1790

19 Shell B.P. Ltd v. Jacob Abedi & Ors (1974) LLJR-SC

20 Section 42 of the 1999 Constitution of Nigeria. Mojekwu v. Mojekwu (1997) 7 NWLR (Pt. 517) 283 (SC)

21 Section 1 of the Married Women's Property Act

22 (2025) LPELR-80269(CA)

23 Agidigbi v. Agidigbi (1996) 6 NWLR (Pt. 454) 300

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.