Property Rights Between Spouses Explained
Marriage and Property: Clearing a Common Misconception
ACROSS Nigeria, disputes over property ownership between spouses have become a recurring feature in courts, families and inheritance battles. A widely held belief persists that marriage automatically grants both partners equal ownership of all assets acquired during the union. However, Nigerian property law takes a far more precise and document-driven approach.
In law, ownership of property is determined primarily by title documents. Marriage, by itself, does not confer proprietary rights. Where a property is purchased in the name of one spouse alone, that spouse is presumed to be the legal owner, unless evidence exists to rebut that presumption.
What the Law Says About Ownership
Under Nigerian law, property belongs to the person whose name appears on the title document—whether a Deed of Assignment, Certificate of Occupancy, or other registrable instrument. Courts have consistently held that social status as “husband” or “wife” does not create ownership rights over land or buildings.
This position applies regardless of the duration of the marriage or the emotional dynamics of the relationship. In property disputes, courts focus on documentary evidence and proof of contribution, not marital sentiment.
When a Spouse May Claim an Interest
While marriage alone does not create ownership, the law recognises fairness and equity. Courts have developed principles to prevent unjust enrichment, particularly where one spouse can prove substantial financial contribution to the acquisition or development of the property.
Such contributions may include payment of the purchase price, funding construction, or financing major improvements. Where proven, courts may declare a beneficial or equitable interest in favour of the contributing spouse, even if their name does not appear on the title.
However, the burden of proof lies squarely on the claimant. Vague assertions, domestic labour, or general support to the household are usually insufficient without clear financial evidence.
The Importance of Proper Documentation
One of the most common sources of dispute arises from poorly drafted property documents. Couples frequently rely on informal descriptions such as “Mr. and Mrs. Lawson” when executing land instruments. Legally, this phrasing is problematic.
“Mr. and Mrs.” is a social identity, not a juristic person recognised by law. To avoid ambiguity, the full legal names of both spouses must be clearly stated in the Deed of Assignment or other title documents, explicitly identifying them as joint owners.
Failure to do so can result in one spouse being completely excluded from ownership, despite intentions to purchase jointly.
Joint Purchases and Individual Purchases
Where a property is intended to be jointly owned, clarity is essential from the outset. Both spouses’ names must appear on the title, specifying their joint interest. Where only one spouse is purchasing the property, documentation should also be explicit to avoid future misunderstandings.
Clear records protect not only spouses but also heirs, lenders and third parties who may later deal with the property.
Lessons for Married Couples
Property disputes between spouses often arise not from malice but from ignorance of the law. Courts are bound by evidence, not emotions. Contribution and documentation—not marital status—secure legal interests in property.
In matters of property, clarity is protection. Staying informed and legally cautious remains the most reliable safeguard against future conflict.
LEGALLY WISE
