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Showing posts with label Divorce Lawyers in Nigeria. Show all posts
Showing posts with label Divorce Lawyers in Nigeria. Show all posts

Friday, 30 October 2026

Marital Property, Joint Ownership, Survivorship and Inheritance Rights in Nigeria: Frequently Asked Questions for Spouses, Children and Stepchildren

LEGAL ILLUMINATIONS OF AKINTUNDE ESAN
“The Legal Adviser Online”

Marital Property, Joint Ownership, Survivorship and Inheritance Rights in Nigeria: Frequently Asked Questions for Spouses, Children and Stepchildren

By Akintunde Esan (The Legal Adviser Online)
Legal Practitioner | Legal Consultant | Chartered Mediator
Managing Partner & Principal Consultant, Ase Olodumare Chambers
Disputes over property acquired during marriage frequently arise after the death of a spouse. Such disputes often involve surviving spouses, children, stepchildren and members of the deceased spouse’s family. This legal illumination answers common questions on marital property, joint ownership, survivorship rights and inheritance under Nigerian law.

Q1What is a Marital Property?

A marital property is a property regarded in law as jointly owned by a husband and wife. Such property may become a family asset and may confer inheritance rights upon surviving spouses and children, depending on the nature of the ownership and the applicable law.

However, not every matrimonial home automatically qualifies as a marital property.

Q2Is a Matrimonial Home Automatically a Marital Property?

NO

The fact that a property served as the matrimonial home does not automatically make it jointly owned by both spouses.

The party asserting joint ownership must provide evidence showing that both spouses made substantial and ascertainable contributions towards the acquisition, development, or improvement of the property.

Q3Does the Law Presume Joint Ownership Between Husband and Wife?

YES

Under certain circumstances, particularly in marriages celebrated under the Marriage Act, the law may presume joint ownership between spouses.

Where one spouse dies, the surviving spouse may inherit the deceased spouse’s interest depending on the nature of ownership and the applicable legal principles.

Q4How Can Joint Ownership Be Established?

Joint ownership is commonly established where both spouses contribute substantially towards:

  • The purchase of the property;
  • The development of the property; or
  • Both the purchase and development of the property.

Such contributions may be financial, material or otherwise substantial and ascertainable.

Q5What Evidence is Required to Claim Joint Ownership?

A spouse or child claiming joint ownership must prove direct and substantial contribution to the acquisition or development of the property.

Without convincing evidence, particularly where the property is registered solely in one spouse’s name, the claim may fail.

Q6What is the Presumption of Advancement?

Where a husband purchases property in the name of his wife, or a wife purchases property in the name of her husband, the law may presume that the purchaser intended to make a gift to the other spouse.

This principle is known as the Presumption of Advancement. The presumption may be rebutted by evidence showing that no gift was intended.

Q7Can Children Automatically Claim Property Because Their Parents Were Married?

NO

The mere fact that a child’s parents were married when the property was acquired or developed does not automatically entitle the child to ownership or inheritance rights over the property.

There must be credible evidence establishing the legal basis of such entitlement.

Q8What Happens When One Joint Owner Dies?

The answer depends on whether the property is held as:

  1. Joint Tenancy; or
  2. Tenancy-in-Common.

Q9What is Joint Tenancy?

Joint tenancy exists where two or more persons own a property together as one legal entity.

A major feature of joint tenancy is the doctrine of Right of Survivorship.

Where one joint tenant dies, the deceased person’s interest automatically passes to the surviving joint tenant(s). The deceased person’s share does not become part of the estate available for inheritance.

Q10What is the Right of Survivorship?

The Right of Survivorship means that upon the death of one joint owner, the surviving joint owner automatically becomes entitled to the deceased owner’s interest.

  • The property does not pass through probate regarding the deceased’s share.
  • The deceased’s relatives cannot inherit that share.
  • The surviving joint owner becomes entitled to the entire property.

Q11What is Tenancy-in-Common?

Under tenancy-in-common, each owner possesses a distinct share in the property.

Upon the death of an owner:

  • The deceased person’s share forms part of his or her estate.
  • The share may pass under a valid Will.
  • If there is no Will, the share is distributed according to applicable succession laws.

Q12How Can One Tell Whether a Property is Joint Tenancy or Tenancy-in-Common?

The answer lies in the wording of the title document, deed, conveyance or Will.

Where there are no words indicating separate shares, the law generally presumes a joint tenancy.

The following expressions often indicate tenancy-in-common:

  • “In equal shares”
  • “Share and share alike”
  • “Equally”
  • “Among”
  • “Respectively”
  • “To be distributed among them”
  • “To be distributed between them”

Q13What are the Four Unities Required for Joint Tenancy?

A joint tenancy is typically characterised by:

  1. Unity of Title;
  2. Unity of Interest;
  3. Unity of Time; and
  4. Unity of Possession.

Q14What Have Nigerian Courts Said About Joint Tenancy?

In Chinweze v. Mazi (1989), the Supreme Court affirmed that where a joint tenant dies without severing the joint tenancy during his or her lifetime, the deceased’s interest automatically accrues to the surviving joint tenant.
Likewise, in Obasohan v. Omorodion (2001), the Supreme Court reiterated that the interest of a deceased joint tenant passes to the surviving joint tenant(s) and not to the deceased’s personal representatives or beneficiaries.

Q15Does the Common Law Rule of Survivorship Apply to Property Governed by Customary Law?

GENERALLY, NO

The Supreme Court has clarified that property jointly acquired under customary law does not necessarily create a common law joint tenancy.

Instead, customary-law co-ownership is governed by customary law principles and not necessarily by the doctrine of survivorship applicable under common law.

Q16Can a Deceased Husband’s Family Take Property Jointly Owned by Husband and Wife?

Where the property is held as a joint tenancy, the answer is generally NO

The surviving spouse becomes entitled to the deceased spouse’s interest by operation of law through the doctrine of survivorship.

However, where the property is held as tenancy-in-common, the deceased spouse’s share forms part of the estate and may devolve according to the applicable succession laws.

Q17Does the Type of Marriage Affect Property Ownership and Inheritance?

YES

The type of marriage celebrated by the parties can significantly affect property ownership and inheritance rights.

In Nigeria, marriages generally fall into three broad categories:

  • Statutory Marriage (Marriage Act Marriage)
  • Customary Law Marriage
  • Islamic (Sharia) Marriage

Q18What is the Position Under a Statutory Marriage?

A statutory marriage is a monogamous marriage celebrated under the Marriage Act.

Under this form of marriage:

  • Spouses may acquire property jointly or separately.
  • Joint ownership is recognised and protected by law.
  • The doctrine of survivorship may apply where property is held under joint tenancy.
  • The surviving spouse has recognised succession rights.
  • The estate of an intestate spouse is distributed according to applicable Administration of Estates laws.

Children of the marriage are generally recognised as beneficiaries of the deceased parent’s estate.

Q19What is the Position Under a Customary Law Marriage?

A customary law marriage is celebrated in accordance with the native law and custom of the parties.

Under customary law:

  • Property ownership and inheritance are often determined by the applicable custom.
  • Family property principles may affect ownership rights.
  • The common law doctrine of survivorship may not automatically apply.
  • The rights of surviving spouses may vary depending on the relevant customary law.
Nevertheless, customs that discriminate against women solely because they are women may be declared unconstitutional by Nigerian courts.

Q20What is the Position Under an Islamic (Sharia) Marriage?

Under Islamic law, inheritance is regulated by Islamic succession principles.

  • A surviving wife is entitled to a specified share of her husband’s estate.
  • A surviving husband is entitled to a specified share of his wife’s estate.
  • Children inherit according to Islamic inheritance rules.
  • The estate is distributed according to prescribed proportions under Islamic law.

Q21What Rights Do Children of the Marriage Have?

Children born during the marriage ordinarily have inheritance rights over the estate of their deceased parent, subject to the applicable law.

The extent of those rights depends on:

  • The type of marriage;
  • The applicable succession law;
  • The existence of a Will;
  • The nature of the property concerned.
However, where spouses hold property as joint tenants, the deceased spouse’s interest may pass directly to the surviving spouse under the doctrine of survivorship and may never become part of the estate available for inheritance by the children.

Q22Can Stepchildren Inherit From a Stepparent?

NOT AUTOMATICALLY

Generally, stepchildren do not automatically inherit from a stepparent merely because their biological parent married the stepparent.

A stepchild may inherit where:

  • The stepparent expressly provides for the stepchild in a valid Will;
  • The stepchild has been legally adopted by the stepparent;
  • The stepchild receives an interest through a trust, gift or settlement; or
  • The law creates a specific entitlement under particular circumstances.
Accordingly, marriage alone is insufficient to confer inheritance rights on a stepchild in relation to a stepparent’s estate.

Q23Can a Surviving Spouse Exclude the Children From Property Acquired Through Survivorship?

Where a property is validly held under a joint tenancy, the surviving spouse becomes the sole owner upon the death of the other spouse.

Since the deceased spouse’s interest does not pass into the estate, children generally cannot claim inheritance rights to that interest as beneficiaries of the deceased’s estate.

The surviving spouse is ordinarily entitled to deal with the property as sole owner, subject to any legally enforceable rights of third parties.

Q24What Lessons Should Married Couples Learn?

To minimise future inheritance disputes, spouses should:

  • Clearly state the nature of ownership in title documents;
  • Retain evidence of contributions towards property acquisition and development;
  • Prepare valid Wills where appropriate;
  • Obtain legal advice before acquiring property jointly;
  • Understand the inheritance implications of their chosen form of marriage;
  • Review their estate plans regularly.
Proper estate planning is often the most effective means of preventing costly family disputes after death.

Conclusion

Whether a property constitutes marital property and whether it is available for inheritance depends on several factors including the nature of ownership, contributions made by the spouses, title documentation, the type of marriage contracted and the applicable law of succession.

Where spouses hold property as joint tenants, the right of survivorship may vest the entire property in the surviving spouse. Conversely, where property is held as tenancy-in-common, the deceased spouse’s share forms part of the estate available for inheritance. Every dispute concerning marital property must therefore be carefully examined against the relevant facts, documents and applicable law.

Need Further Legal Guidance?

Akintunde Esan
(The Legal Adviser Online)
Legal Practitioner | Legal Consultant | Chartered Mediator
Managing Partner & Principal Consultant
Ase Olodumare Chambers

📞 Phone/WhatsApp: 08073828487
📧 Email: akintundeesan@gmail.com

Office Address:
ASE OLODUMARE CHAMBERS,
Oshopey Plaza, 2nd Floor, Left Wing of Front Wing,
No. 17/19 Allen Avenue,
Ikeja, Lagos State, Nigeria.

Authorities Cited: Chibuzor & Anor v. Chibuzor (2018) LPELR-46305(CA), Okere v. Akaluka (2014) LPELR-24287(CA), Chinweze v. Mazi (1989) 1 SC (Pt. II) 33, and Obasohan v. Omorodion (2001) 13 NWLR (Pt.729) 206.
© Akintunde Esan (The Legal Adviser Online). All Rights Reserved.

Thursday, 26 March 2026

Business, Property, Family & Employment Law — By Akintunde Esan (The Legal Adviser Online)


Understanding the law is not a luxury — it is a necessity for every family, professional, business owner, and investor in Nigeria today.

In his latest series of Legal Illuminations, Akintunde Esan — Barrister & Solicitor of the Supreme Court of Nigeria, Managing Partner of Ase Olodumare Chambers, and creator of The Legal Adviser Online — explores the legal issues that matter most to Nigerians in business, employment, family and everyday life.

The series covers:

  • Land Disputes — protecting your property investment from fraud and litigation
  • Commercial Litigation — what every business owner must know before disputes arise
  • Business Law & Corporate Compliance — from CAC registration to ongoing regulatory obligations
  • Family Law — marriage, divorce, property settlement, child custody, and maintenance
  • Employment Law — judicial limits on oppressive and unlawful dismissals

These are not abstract legal theories. They are practical, experience-backed insights drawn from active legal practice — written to inform, protect, and empower.

Land Disputes in Nigeria: How to Safeguard Your Investment & Resolve Conflicts

Investing in land in Nigeria can be a rewarding venture, but it also carries significant risks. Many hardworking Nigerians, in search of secure investments, have […]Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 23, 2025

Commercial Litigation in Nigeria: What Every Business Owner Needs to Know

Introduction Navigating the complexities of the business world in Nigeria inevitably leads to disputes, from unpaid invoices and broken contracts to partnership conflicts and intellectual property […]Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 20, 2025

Mastering Business Law in Nigeria: From CAC Registration to Corporate Compliance

Introduction Starting and managing a business in Nigeria requires more than just vision — it demands compliance with legal and regulatory frameworks. From CAC registration in […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 18, 2025

Nigerian Family Law Explained: Marriage, Divorce, Property Settlement, Child Custody, and Maintenance

Family law touches the most personal aspects of our lives — marriage, separation, property, and the welfare of children. In Nigeria, these issues are governed primarily […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

Court Limits Employer’s Right to Terminate: No Room for Oppression in Dismissals

Employment is more than a contract; it is the foundation of livelihood, dignity, and professional identity. When termination is carried out recklessly, maliciously, or […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

Employment Law Update: Courts Reinforce Protection Against Oppressive Dismissals

Introduction The right of an employer to terminate an employment contract is not absolute—it must be exercised with fairness and respect for the dignity of the […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025


Sunday, 10 September 2023

GROUNDS FOR GRANTING DIVORCE IN COURT IN NIGERIA

You can also click the links below to view:

GROUNDS FOR GRANTING DIVORCE 
IN COURT IN NIGERIA 


              A.  Introduction 

Divorce is the legal dissolution of a marriage and there are different perspectives to the grounds for dissolving a marriage such as the religious, cultural, jurisprudential, sociological, statutory, trendy, mystical and pragmatic perspectives. Take for instance in the Christian faith, adultery is the only recognised ground for divorce.

This edition of Akintunde Esan's legal illumination is focusing on the legal grounds for getting a divorce in Nigeria as provided in the Matrimonial Causes Act, which is the Law regulating the grounds for the filing and processing of a divorce in Nigeria. 

B. Grounds for Divorce of a Customary Marriage

In Nigeria, couples have the choice of having a customary marriage or a statutory marriage. A customary marriage is a marriage contracted under the native law and custom of an ethnic community in Nigeria. A statutory marriage is a marriage contracted under the Marriage Act.  

There are no codified grounds for divorce under native laws in Nigeria, thus, a customary or traditional marriage can be divorced or dissolved on arbitrary grounds. 

The only authority in Nigeria that has the jurisdiction (power) to grant a divorce of a statutory marriage is the High Court, while the Customary Court has the jurisdiction to grant the divorce of a traditional  or customary marriage.

C. The Eight (8) Grounds for the Dissolution of a Statutory Marriage in Nigeria


By virtue of Section 15(1) of Matrimonial Causes Act, the High Court has the jurisdiction to make an order dissolving a statutory marriage only on the general ground that, the marriage has broken down irretrievably.

However, the High Court in coming to the conclusion whether a marriage has broken irretrievably is required to take into consideration the occurrence of one or more of the specific eight (8) grounds set out in sub-section (a) to (h) of Section 15 (2) of the Act. If the spouse seeking the divorce can prove the occurrence of one or more of these grounds, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law.  
 

In divorce case between LT. Col. Shehu Ibrahim (Rtd) v. Mercy Ibrahim (2006) LPELR-7670(CA) Ariwoola, J.C.A at P. 24, paras. C-G, illuminated on the issue of ground and grounds for divorce as follows: 
"The learned counsel contended that there is only one ground for the dissolution of marriage in our law. This with respect may not be totally correct, to say the least, as there are several grounds which the Matrimonial Causes Act refer to as "facts". (See; Sections 15(2) and 16(1), Matrimonial Causes Act.  
However, in Nigeria, a Court cannot dissolve a marriage or declare a marriage to have broken down unless one of the facts listed in Section 15(2) is established by the petitioner, even though it appears the marriage has broken down irretrievably." 
An occurrence of any of the following eight grounds or situations or facts in the eyes of the Matrimonial Causes Act is a conclusive proof that, a marriage has broken down irretrievably or generally and therefore ripe for divorce or dissolution:

Ground 1: Denial of Sexual Intercourse 


This is where a spouse has willfully and persistently refused to have sexual intercourse with an aggrieved spouse. Section 15(2)(a). 

Ground 2: Adultery and Intolerable Behaviours

This where a spouse has committed adultery and the offended spouse find it intolerable to live with the offending spouse. Section 15(2)(b). 

Ground 3: Unreasonable Behaviours


This where a spouse behaves in such a way that the aggrieved spouse cannot reasonably be expected to live with such a  spouse. Section 15(2)(c).

Section 16(1) set out the behaviors that can be said to be the ones that, a person cannot be reasonably expected to live with to include: 

a) Commission of sexual offences such as: committed rape, sodomy, or bestiality. 


b) Habitual drunkenness or drug addiction: for a period of not less than two years. 


c) Frequent convictions and imprisonment for crime. 


d) Habitually leaving a spouse without reasonable means of Support. 


e) Attempt to murder and assault spouse. 


f) Habitual and willful failure to provide court ordered or agreed support for two years. 


g) Insanity and unsoundness of mind 


Ground 4: Abandoning of Spouse


Where a spouse has abandoned or deserted the other spouse for a continuous period of at least one year . 


a) The types of desertion: 


i. Simple Desertion: the guilty spouse abandons the matrimonial home. 


ii. Constructive Desertion: The spouse who is in desertion is the spouse who by his or her conduct expels the other spouse and remains at home. 


b) The elements of desertion: 


i. Physical separation or defacto separation: This implies bringing co-habitation to an end by severing marital obligations; or 


ii. Intention to remain permanently separate or animus deserendi 


iii. Absence of the spouse’s consent. 


iv. Absence of any justification: There will be no desertion if the spouse who has withdrawn from cohabitation has a good reason for doing so. 


Ground 5: Living Apart for Two (2) Years


Where the parties to a marriage have lived apart for a continuous period of at least two years and one of the parties does not object to the marriage being dissolved. 

Ground 6: Living Apart for Three (3) Years


However, where the parties to a marriage have lived apart for a continuous period of at least three years, the consent of the other party is not required before such a marriage can be dissolved. Section 15(2)(e) and (f). 


References to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household. 


Ground 7: Disobedience to Order of Restitution of Conjugal Rights 


Where a spouse for a period of not less than one year, failed to comply with a court order of restitution of conjugal rights. 


Ground 8: Spouse is missing for Seven (7) Years


Where a spouse is missing for such a long time or seven year in such circumstances as to provide reasonable ground for presume he or she is dead or has no reason to believe that the spouse is alive. 

If the spouse seeking for divorce can prove the occurrence of one or more of these eight grounds mentioned above, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law. 

D.  Conclusion


No reasonable man or woman will or would want to divorce his or her spouse, but human nature makes frictions inevitable and some frictions may degenerate or metamorphose into irreconcilable differences that make divorce not just inevitable but reasonable.

There are times when divorce is not a reasonable option considering your children, what you have mutually invested in the marriage and the signs that reconciliation is possible. However, when your marriage becomes injurious or poisonous to your children/child, health, life and destiny and it appears divorce is the only reasonable option.

There has been an increase in the reported cases of spouses killing each other in the news these days in Nigeria. These are times when divorce is becoming a reasonable option, considering the fact that “a living dog is better than a dead lion”.

Lawyers are undertakers of dead marriages, not ruling out the fact that, some dead marriages do resurrect like the dead body of Lazarus or the prophetic dry bones putting on flesh and rising again. However, marital resurrection is a miracle that happens by choice and not by chance.

If you are in a dilemma on divorce think about the finding of a study at the University of Harvard, which observed that, all the members of family suffering from a high level of conflict, for example where there is persistent abuse or alcoholism, benefit from divorce. However, those marriages with low level of conflict gain more by staying together, and the harm to the children is less than that caused by divorce.

CALL or CHAT with me if you need someone to confide in on your dilemma.

You can also CALL or CHAT with me for further legal illumination on resolving or seeking for a divorce.

Written by Akintunde Esan, Managing Partner/Principal Consultant @ Ase Olodumare Chambers Law Firm, Lagos Nigeria.

GROUNDS FOR GRANTING DIVORCE IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)


You also advised to try Ase Olodumare Chambers Divorce Mediation if:
  • you are seeking for an amicable and peaceful separation or divorce.
  • you are contemplating filing for divorce or separation in Court.
  • you are having issues on child custody. 
  • you are not formally married but are seeking for amicable and peaceful severance of their marital relationships.

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