This particular topic is a topic for discussion – joint property ownership in marriage. You know how we sometimes shy away from “money talk” because it feels awkward? Well, grab a cup of tea (or fanta, I’m not judging ), and let’s have this much-needed conversation.
Listen, I’ve heard people throw shade at women for being “too materialistic” when they bring up property ownership. And honestly? I’m here to say – wanting financial security isn’t being materialistic! Like, hello? Who doesn’t want nice things? If wanting a roof over your head, a decent car, or some property makes me materialistic, then my dear, I’m proudly materialistic!
But here’s the thing that keeps me up at night – I’ve seen too many amazing women, especially those in their late 30s and 40s, struggling after their marriages end. These queens helped build businesses but walked away with nothing because “there was no proper documentation.” The stories break my heart every single time.
Let me share a story that really brings this home:
Meet Chidi and Aishat Chijioke (not their real names, of course – we’re keeping it confidential!). They’ve been married for five years, both killing it in their careers – he’s a doctor, she’s a software engineer. After saving like crazy, they finally found their dream home in Mowe. The thing is, this house is EVERYTHING – four bedrooms, five toilets, four bathrooms, two sitting rooms, a BQ, and everything they want.
But here’s where it got interesting. The estate agent drops what seems like a simple question: “How would you like the property title to be registered?”
Awkward silence enters the chat
See, Chidi’s mum had been in his ear about joint property ownership (you know how our mothers can be!) telling him how women can be, while Aishat’s dad had given them advice about protecting herself as a woman in Nigeria.
The two of them decided to pause and get a lawyer involved.
Real talk? Marriage isn’t just about love and happily ever after. In Nigeria especially, where our customs and legal systems can be trickier than jollof rice politics, how you buy your property matters. A LOT.
What You Need To Do (And I’m Speaking as Your Big Sister/Friend Here)
Look, I know these conversations aren’t exciting. They’re about as comfortable as wearing tight shoes to a wedding. But sis, you need to protect yourself! Here’s what I’ve learned (often the hard way):
Document EVERYTHING! And I mean e-v-e-r-y-t-h-i-n-g
Get both parties to sign papers (make it official, like your relationship status )
Talk about the uncomfortable stuff:
What happens if you separate?
What if (God forbid) something happens to either of you?
What about the kids?
Get a lawyer involved (yes, they’re expensive, but divorce or property battles are MORE expensive)
Keep your documents safer than your gold jewellery box
Know your rights (knowledge is power, queen!)
Review these documents like you review your Instagram profile picture – regularly!
I know some of you are thinking, “But what if he thinks I don’t trust him?” Darling, this isn’t about trust – it’s about being smart. It’s like having a prenup – you don’t plan for the marriage to fail, but you wear a seatbelt even when you don’t plan to crash, right?
Real Stories That Will Make You Think Twice
Let me tell you about Mrs. Chidinma’s story – and trust me, this could happen to anyone of us.
“I never thought it would happen to me,” she told me, wiping tears from her eyes. “The family members of my husband just swooped in like vultures after he died. They took over our house – the same house where my children took their first steps! They collected everything, acting like my four beautiful daughters and I didn’t exist. Can you believe they had the audacity to say I had ‘only’ given birth to girls and that girls weren’t real children? They literally forced us out of our own home!”
But here’s where the story takes a turn (thank God!). Mrs. Chidinma’s husband had done something very important before his passing – he had bought their property in both their names. This one decision, my darlings, changed EVERYTHING.
When she got her lawyer involved, having her name on those documents was like holding a golden ticket. With help from the police and her family lawyer, she fought back and kept her home. Now her girls have a roof over their heads and a future to look forward to.
See why I’m so passionate about this topic? This isn’t just about paperwork – it’s about protecting our futures and our children’s futures!
Let’s Talk Legal Tea ⚖️
Okay, so I sat down with a lawyer friend to get the real scoop about property rights in Nigeria. Quick disclaimer: this isn’t professional legal advice – you’ll need to see a qualified lawyer for that. But here’s what you need to know:
In Nigeria, marriage is like a pot of soup – it comes in different flavors! We’ve got:
Statutory marriage (courthouse wedding)
Customary marriage (traditional wedding)
Islamic marriage
And guess what? Each type comes with its own set of rules about property rights!
Here’s the tea on joint property ownership:
If you’re married under statutory law, you’ve got more legal protection
With customary marriage, things can get tricky (especially for us women)
Islamic marriages have their own specific guidelines about property rights
The most important thing? No matter what type of marriage you have, GET EVERYTHING IN WRITING!
I can’t stress this enough – don’t let anyone make you feel “materialistic” or “untrusting” for wanting to protect yourself. Remember Mrs. Chidinma’s story. Her husband’s wisdom in putting her name on their property wasn’t just about trust – it was about love and protection.
I have seen too many of my sisters lose everything because they were trying to be the “good wife” who doesn’t ask questions about property ownership. Don’t be that person! Being a good wife doesn’t mean being financially naive.
Why Choose Joint Ownership?
Joint ownership offers couples both security and partnership. In a joint tenancy, both spouses have an equal and undivided interest in the property. This type of ownership comes with “transfer of ownership rights,” meaning if one spouse passes away, the surviving spouse automatically inherits the entire property without needing to go through legal process.
This arrangement can protect the surviving spouse from being forced to divide or surrender the home to extended family members—a common risk, especially in communities where customary inheritance practices prevail.
For example, the court ruling in a case emphasized that neither party can simply transfer or sell jointly-owned property without the other’s consent. This protection ensures both parties’ rights are safeguarded, whether in marriage or following its dissolution.
Common Pitfalls to Avoid: The “Mr. and Mrs.” Error
One of the most frequent errors Nigerian couples make is purchasing property under “Mr. and Mrs. [Husband’s Last Name]” rather than using their full, individual names. Legal documents should reflect both spouses as separate entities, such as “Mr. Aminu A. Chukwuebuka” and “Mrs. Kitan B. Chukwuebuka,” to avoid any confusion and ensure each partner’s name is legally recognized. This distinction is vital because a title like “Mrs.” could apply to any subsequent spouse, which may lead to legal challenges if the wife remarries or faces a property dispute in court.
Alternative Ownership Structures
Some couples may consider tenancy in common as an alternative to joint tenancy. This structure gives each partner a defined, separate share of the property, which they can pass down to their heirs rather than solely to the surviving spouse.
However, tenancy in common may complicate inheritance and lead to division of the property among multiple heirs, potentially leading to disputes if either spouse’s stake passes to individuals outside the marriage.
Recommendations for Property Purchases
To avoid future conflicts, the best practice for Nigerian couples is to:
- Buy Properties separately: If financially feasible, couples should consider purchasing individual properties in both names separately. This way, each partner’s ownership is indisputable and clearly documented, protecting each spouse’s rights in case of unforeseen circumstances.
- Always Use Full Legal Names: Ensure that both spouses’ names are accurately and fully listed on all property documents to avoid confusion and protect individual legal standing.
- Request Professional Guidance: Consulting a lawyer specializing in property and family law can provide invaluable insights. Professionals can advise on tax implications, registration requirements, and how best to structure ownership to suit both partners’ long-term interests.
Additional Legal and Cultural Considerations
Nigeria’s property laws intersect with customary law, particularly concerning inheritance rights. Many customary practices do not traditionally recognize women as heirs to family properties, which can place surviving wives and daughters in precarious situations. When couples purchase property jointly and explicitly name both spouses in the deed, they can bypass these customary barriers and provide additional legal assurance to the surviving spouse.
In Essien v. Essien and Ibeabuchi v. Ibeabuchi, the courts emphasized the importance of direct financial or moral contribution in property acquisition. This law reinforces that if one spouse can demonstrate their investment in property—either through finances or supportive roles—courts are more likely to uphold their ownership claims. Couples should maintain clear records of contributions, such as receipts and agreements, to strengthen their standing in case of dispute.
What Happens Upon Divorce?
In the unfortunate event of divorce, Nigerian law generally upholds joint ownership unless there is a legal agreement indicating otherwise. Couples may opt to sell jointly-owned property and divide the proceeds or agree to let one partner buy out the other’s share. This arrangement offers financial independence post-divorce while ensuring an equitable split.
However, for property owned in “full community of property” systems, every asset acquired during the marriage—whether jointly or individually—is considered shared marital property. Under this system, each spouse’s rights to the property remain intact even upon dissolution, as the law treats all marital assets as joint by default.
Conclusion
Purchasing property jointly is a significant step for married couples in Nigeria. It can bring financial security, create a family legacy, and offer protection during life’s uncertainties. The most secure choice is to buy properties in both spouses’ individual names, explicitly registered, to protect each partner’s stake. By securing the titles correctly, maintaining detailed records, and consulting with legal professionals, Nigerian couples can navigate the complexities of joint ownership and ensure both partners are equally protected.
Disclaimer: This information is for informational purposes only and does not constitute legal advice. It is always advisable to consult with a qualified 1 attorney or legal professional to address your specific legal needs and circumstances.