Who should leave the house between husband and wife? -P. D. Pius

This is a serious question. Imagine you are married. You now have problem with your husband or your wife. Who will leave the house? This is a serious legal question.

In  Nigeria, we can easily say that the wife should leave. This is because of our culture here. However, the question of who will leave depends on a number of variables. In the UK, it is the aggressor that will leave irrespective of who owns the property. This means that if your husband buys a house in the UK and he assaults you, you can call the police and take him out of the house. You will now live in peace in the house he bought. Can this apply in Nigeria?

The situation maybe a little bit different in Nigeria. The first factor that determines who will leave the house in Nigeria is the question of ownership. Who owns the house may determine who should leave. If the house belongs to husband, then the wife may be ordered to leave. But there is a caveat to this. Where the marriage is contracted under Marriage Act, the husband may still be required to make provision for her maintenance. The reverse will happen when the wife is the owner of the house.

There could also be a situation where both husband and wife are co-owners of the house. In this case neither the husband nor the wife can chase away the other. They will each be entitled to remain as co-tenants or occupants even if the marriage is not working. They may however, choose to sell the house and share the money 😁.

There are other cases not considered here. You can always request to know more here.

Hope you find this useful.

P. D. Pius & Associates