There’s a growing misconception in Nigeria that once a marriage ends—especially one conducted in a court or a licensed place of worship—spouses are automatically entitled to a 50/50 split of all property. While this idea sounds equitable on the surface, it doesn’t align with the reality of Nigerian law.
The truth is simple: you cannot claim a share of property you did not contribute to acquiring. Unlike in some Western countries where marital assets are split evenly by default, Nigeria’s legal framework prioritizes evidence of contribution. This means that if one spouse builds a house or buys land without financial or documented input from the other, the law does not automatically grant equal ownership.
For instance, if your partner purchased a property before or during the marriage and you made no financial or material contributions, you’re unlikely to receive a share of that property in the event of a divorce. While marriage is a union, property laws in Nigeria treat ownership as an individual matter unless there’s clear proof of joint effort.
However, there are exceptions. Nigerian courts may consider “spousal maintenance” in certain circumstances, such as when a marriage lasts over 15 years and one spouse was restricted from working or earning a living. In these cases, the court might allocate a portion of the property or funds to support the dependent spouse until they can stand independently. But even this provision doesn’t equate to a 50/50 split—it’s about maintenance, not ownership.
This highlights the importance of understanding the legal framework surrounding marriage and property ownership in Nigeria. Marriage isn’t just an emotional or social commitment; it also has financial and legal implications. Spouses should ensure transparency in property acquisition and, where applicable, document joint efforts to protect their interests.
The misconception of an automatic 50/50 property split often leads to bitter disputes, prolonged court cases, and unmet expectations. It’s crucial to approach marriage as a partnership where both parties actively contribute—whether financially, materially, or in other tangible ways. This ensures fairness and clarity should the relationship ever face legal scrutiny.
At its core, this is about knowledge and preparedness. We live in Nigeria, not a Western country with different marital property laws. Understanding this difference is the first step in protecting yourself and making informed decisions in marriage and beyond. Ignorance of the law, as they say, is no excuse.
