Lawyer Mentions Conditions Needed For Woman To Get Husband's Property in Case of Divorce

• A Nigerian lawyer has shared a video to educate women who think they can take half of their husband's property in case of a divorce
• The lawyer said the notion that a woman is entitled to her husband's property in case of a divorce may not apply in the Nigerian context
• She said the only time a wife would successfully make such a claim is if she contributed financially to the acquisition of the properties

A Nigerian lady who is a trained lawyer said that under Nigerian laws, a wife may not be able to take her husband's property in case of a divorce.

In a TikTok post which she shared to educate her followers, the lawyer said women who have such ideas should perish them.

According to Barr. Oge Esquire, the claim that a woman in Nigeria would take over half of her husband's property if the marriage ends, is not tenable in law.

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She said the only time when such claims can be pursued in court successfully is when the wife contributed financially to the purchase of the said properties.

Barr. Oge noted that the claim must also be backed up by documentary evidence showing that the wife paid in part or whole for the properties she wants to claim after divorce.

Her words on TikTok:

"This is Nigeria. You are not entitled to half of anything. If you’re among those that enter into transactional marriages, repent. If you must get anything at all, you need to prove that you co-own it."

Can Nigerian woman take over husband's property?

Barr. Oge's position is supported by Isimeme Andrew Esq, a lawyer who published an article on the topic in Law Pavilion, a website that curates information on legal issues.

Andrew Esq quoted the Matrimonial Causes Act 1973, section 72, which recognises a woman's right to a property acquired during the course of the marriage.

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He said:

"Under the Matrimonial Causes Act 1973, section 72 with respect to settlement of property provides as follows: “The court may, in proceedings under this act, by order require the parties to the marriage, or either one of them, to make, for the benefit of all or any of the parties to, and the children of, the marriage, such a settlement of property to which the parties are, or either of them is, entitled (whether in possession or reversion) as the court considers just and equitable in the circumstances of the case.”

However, he noted the onus is on the claimant to prove that they participated financially in the acquisition of the property.

He added:

"Thus, making the right of women to property at divorce explicit. However, this right is not automatic as a spouse who claims an interest in the property is required to show evidence of financial contribution to the purchase of the property."

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Watch the video below:

Reactions as lawyer speaks about divorce in Nigeria

Legit.ng gathered a few comments from netizens below.

@UgoG said:

"Upon realising this, they move to plan B which is to force hubby to relocate the family abroad with her as primary applicant."

@Merriment said:

"Them never marry them done they think about divorce."

Irrevocable trust in property management

A Nigerian lawyer, Gift Samuel, once spoke about how a husband could protect his property from his partner in case of divorce by creating an irrevocable trust.

In a Facebook post that generated reactions, Gift said that a man who loses their property to a woman is not smart enough.

She mentioned that a person could register the property in their kids' names. Lawyer Gift said such a move is necessary as "many spouses may not be what they claim to be."

Divorced lady shares viral post

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In a related story, Legit.ng reported that a young lady who got divorced said she would not advise other women to leave their abusive marriages.

She shared her experience when she decided to leave her husband and why her advice was hers alone.

Those who came across the post had mixed reactions and shared their thoughts on the lady's remarks.

Joseph Omotayo, the HOD of the Human Interest Desk, contributed to this article by linking to an earlier report on irrevocable trust in a marriage.

Proofreading by Nkem Ikeke, copy editor at Legit.ng.

Source: Legit.ng