CAN COUPLES CO-OWN PROPERTY IN NIGERIA? HERE’S WHAT YOU SHOULD KNOW. – Peace Johnson

In many Nigerian marriages, property ownership is often associated with the husband, who acquires assets in his name. Traditionally, this property is inherited by his wife and children after his death.

But what happens when both husband and wife pool resources to buy a property?

Does Nigerian law recognize such arrangement?

Who legally owns the property in such a case?

Under the Nigerian Property Law, both husband and wife can be co-owners of a property.

This arrangement is known as Joint Ownership.

However, there are certain factors that must be taken into consideration:

⚖️ NATURE OF JOINT OWNERSHIP: this basically deals with how the property is owned and what happens to the property on the death of a spouse or in the event of Divorce or Separation.

The law provides for Joint Tenancy where both the husband and wife have equal interest, title and possession of the property. No spouse can claim ownership to a certain portion of the property; neither can a spouse sell or alienate his right in the property without the consent of the other spouse.

Also, in Joint Tenancy, if a spouse dies, their share in the property automatically passes to the surviving spouse(co-owner).

On the other hand, both husband and wife can jointly own a property as Tenants in Common.

Tenants in Common means that each spouse own a distinct share of the property, which can be sold or transferred to a third party. Also, in the case of the death of a spouse, the surviving spouse cannot automatically inherit the share or interest of the deceased spouse(it goes to their legal heirs, instead).

⚖️TITLE DOCUMENTATION: this is a crucial aspect of Joint Ownership of Property.

The Title document is legal proof or evidence that shows ownership of the property. It must clearly state that both husband and wife are co-owners of the property.

Where the Title documents bear only one spouse’s name, the law assumes that such a spouse is the sole owner of the property, irrespective of the fact that both spouses contributed financially and substantially to acquire the property.

To avoid situations like this, it is pertinent to always consult with a Lawyer to draft and prepare the necessary documents as it relates to legal transactions of this nature.

Marriage doesn’t automatically mean joint ownership of property. Whether you’re planning to buy property with your spouse or already own one together, it is best to clarify Legal Ownership.

At P. D. Pius & Associates , we offer Legal Consultation and guidance on Property Ownership in Marriage, and related transactions.

We also prepare legal documents like Deed of Assignment, Deed of Lease and other documents that pertain to land transactions.

Thinking of buying property with your spouse? We can help you secure your legal rights.

Need clarity on property ownership? Drop your questions in the comment section.

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