Introduction
The question of who owns what in a marriage often arises during matrimonial disputes, especially when parties are contesting the ownership or division of property. Nigerian courts have developed clear principles on what constitutes marital property, the presumption of joint ownership, and the criteria for sharing property during or after the dissolution of a marriage.
What is Marital Property?
In Onuzulike v. Onuzulike (2023) LPELR-60415(CA), the Court of Appeal clarified that marital property refers to property acquired or earned by both husband and wife during the subsistence of the marriage. Property acquired solely before the marriage or by gift/inheritance to one spouse is generally not considered marital property unless evidence shows the other spouse contributed substantially to it.
Presumption of Joint Ownership
The courts recognize a presumption of joint ownership of property between spouses during marriage, particularly in statutory (monogamous) marriages. In Onyia & Anor v. Nwaigwe (2021) LPELR-55692(CA), the court highlighted that a spouse who survives the other inherits such property and has the right to administer it, given the unity of marriage. However, this presumption only stands where there is evidence of contribution—financial, material, or otherwise—by the claiming spouse.
The court also noted that where a property is purchased in the name of one spouse, the law might presume it was a gift (presumption of advancement), though this can be rebutted if there is evidence no gift was intended.
Settlement of Property on Divorce
Section 72 of the Matrimonial Causes Actempowers courts to make orders for the settlement of property between parties if it is just and equitable to do so. Courts enjoy broad discretion but must exercise it judiciously, based on evidence of contribution and the specific circumstances of the case.
In Etebu v. Etebu (2018) LPELR-46250(CA) and Kakulu v. Kakulu (2016) LPELR-41552(CA), the courts reiterated that while they can order a division or settlement of property, there must be credible evidence of the contribution of the spouse claiming a share. Mere assertions (ipsi dixit) without proof are not sufficient.
For instance, in Etebu v. Etebu, the wife claimed she contributed to completing the matrimonial home, but she failed to substantiate her claim with evidence. The court held that the trial court wrongly awarded her half of the property based solely on her uncorroborated testimony.
Protecting Widows and Widowers
Importantly, the courts have condemned cultural practices that deny widows or widowers their rightful interests in marital property. In Anekwe & Anor v. Nweke (2014) LPELR-22697(SC), the Supreme Court upheld the widow’s right to possess and administer her late husband’s property, rejecting customary practices that sought to dispossess her as repugnant to natural justice, equity, and good conscience.
Key Takeaways
1. Marital property is property acquired during the marriage by either or both spouses.
2.There is a presumption of joint ownership of property acquired during marriage, especially where there is evidence of substantial contribution.
3. The courts have discretion to distribute property in a divorce, guided by fairness and evidence.
4. Mere assertions of contribution are insufficient—credible evidence is required.
5. Widows and widowers enjoy legal protection against unjust cultural practices that deprive them of marital property.
Disclaimer:
This post is for general informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified legal practitioner.
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