Do you know the system of sharing property after divorce in Nigeria? One of the foremost issues in divorce proceedings, besides custody and maintenance of children are issues on settlement of properties.
Unfortunately, it seems that Nigeria’s approach to dividing matrimonial property is not a redistribution of family property at divorce. Rather, it leans towards the proof of contribution approach. This leaves the financially weaker spouse in an economically disadvantaged position.
In this article, you will get to understand in clear and simple terms, the systems of sharing property after divorce in Nigeria.
Systems Of Sharing Property After Divorce In Nigeria
Adekile O.M. in her research paper, extensively discussed 4 common types of marital property systems that exist. The paper is titled – Towards the Development of a Marital Property Regime for Nigeria: A Case For Socio-Legal Research For Gender Justice.
Examining these systems explained in her in-depth work gives insight that helps to understand the processes of settlement of property in divorce in Nigeria.
4 Types Of Marital Property Systems
The following systems of sharing property after divorce in Nigeria are in line with the research paper of Adekile O.M.
1. Separation of Property
In this system, all assets acquired by the spouses both before and after the marriage remain the independent property of the individual who purchased them.
2. Partial Community of Property
According to this system, couples’ properties before marriage remain theirs individually. On the other hand, incomes and assets they purchase after marriage are for both parties. Hence, property ownership is joint.
3. Full Community of Property
Under this system, the couple’s joint property includes both the assets and income they brought into the marriage and any added gain in the period of marriage.
4. Deferred Full or Partial Community of Property
Here, at the moment of the marriage’s dissolution, laws of a partial or complete community of property are applicable. Separation of property is in effect prior to this.
Right now, focusing on Nigeria, the core of this article seeks to reveal how property sharing after divorce is approached.
Divorce Law In Nigeria
Nigeria’s stance on issues involving spouses’ property rights tends to be discretionary. Section 17 of the Married Women’s Property Act 1882 provides that,
“Either party may apply to the court and the judge may issue whatever order he deems appropriate with regard to the property at issue in any disagreement between the husband and wife about title to or possession of the property.“
Therefore, Nigeria invariably operates a separate property system, where the principles of property law and not concrete matrimonial rules determine who gets what after divorce.
This system ensures that only the spouse whose name is on the title deed has legal possession of the property. Therefore, it is impossible for couples to divide their assets equally. The system does not consider them joint owners of their marital assets.
In this instance, there is strict proof of ownership or beneficial interest, which would mean contributions to the contested asset, are required for any claim of interest in property made by either of the ex-spouses. The only exception to this is when a resulting trust can be proved.
This system of division of property in Nigeria after divorce still falls prey to issues like gender imbalance as it does not reflect the socio-economic realities of both parties by paying attention to their distinct circumstances after divorce.
It is important that Nigeria re-examines its laws to see how women can be better protected upon divorce.
Credits:
Adekile O.M., Towards the Development of a Marital Property Regime for Nigeria: A Case For Socio-Legal Research For Gender Justice, Electronic copy available at: https://ssrn.com/abstract=3111340
CJ Efe and OE Eberechi, Property Rights Of Nigerian Women At Divorce: A Case For A Redistribution Order, PER / PELJ 2020(23) – DOI http://dx.doi.org/10.17159/1727-3781/2020/v23i0a5306
Other Informative Articles On Our Website You Might Like
- Can I Claim Damages For Wrongful Termination In Nigeria?
- How Can I Employ Mediation In Settlement Of My Business Disputes?
Do you seek redress or consultation on legal matters?
Our Law Firm – Scotts Legal – offers specialized law services in areas including but not limited to the following:
- Fraud
- Family Law
- Legal Advice
- Civil Litigation
- Domestic Violence
- International Trade
- Commercial Litigation
- Intellectual Property
- Mergers & Acquisitions
- Corporate Restructurings
- Energy & Natural Resources
Follow us on our social media handles:
Constantly get our news updates and informative articles.