Nigerian Lawyer Explains Why Husband and Wife Can't Share Property 50-50 During Divorce

In Nigeria, the division of property during a divorce is often a point of contention, but a family lawyer, Gift Nwokemba, explains why a 50-50 split isn't the rule. In an exclusive interview with Legit.ng, she shares insights into how the courts approach property distribution in divorce cases, the role of customary law, and the circumstances that determine child custody.

A Nigerian family lawyer, Gift Nwokemba, shared why husband and wife can’t share property 50-50 during divorce, stating conditions that should be met during property sharing.

In this insightful interview with Legit.ng, Barrister Gift discussed how divorce proceedings are carried out, conditions for property sharing, and how the court determines who gets custody of the children.

Lawyer explains property sharing conditions in divorce

Barrister Gift, the principal partner and founder of Assuage Attorneys, said that the 50-50 rule, where the husband and wife get equal shares of the property, does not apply during divorce.

She told Legit.ng:

“In Nigeria, there is no laid down rule stipulating that this is the percentage a wife will get and this is the percentage the husband will get. Every case is dependent on the circumstances. So if there's a situation where the courts decide that the wife is supposed to go out with some property, the courts will award that. There’s nothing like the 50-50 rule. It is not in our law.”

“Some women will fight for divorce and be claiming 50-50 from their husbands. It doesn't work that way. The recent decision of the court of appeal now is that the fact that you're married to a man or a man is married to a woman, doesn't mean that the property that the party has is not your people's property. Your name has to be in that property.”

She added that the party involved, be it the man or the woman, must provide enough proof that they deserve a share of the property.

The lawyer added:

“Inasmuch as you feel like you contributed, if you do not show the courts enough evidence to give you the property, the courts will not. So, courts handle cases based on each case. You might go to court, the courts will listen to your situation and award you some property. Some other person might go to court, and the courts will listen to their situation, and the person won't even get any property, just maintenance. So there is no hard and fast rule about this thing.”

Divorce: Property sharing in customary law

The family lawyer stated that the customs of the man may prevail during property sharing if the couple are married under customary law, i.e based on tradition.

Barrister Gift told Legit.ng:

“The truth of the matter is that if you're married under customary law, the custom of the man takes charge. If you get married where the custom does not allow a woman to own property, and that is the tradition of those people, then just know that that woman is leaving with nothing.

“If you have a custom where maybe it's just a particular type of property that the wife should inherit, then that is what will happen. The courts will have nothing to do about it because the court has taken judicial notice of custom and traditions of the people. So if that your custom is good, and it's not repugnant to natural justice, equity and good conscience, the courts will adopt that.”

Child custody during divorce

Another important issue during divorce is child custody, where the court would determine who gets custody of the children between the husband and wife.

Legit.ng asked Barrister Gift how such decisions are made during divorce proceedings.

She said:

“Now, when it has to do with custody, the appropriate law is the Child Rights Act. The court takes into consideration the best interests of that child. The best interest can mean that if the child stays with the mother, the child will be more emotionally stable, while the father can bring money. Or if the child stays with the father, the child can get more opportunities because the mother doesn't take care of the child, or depending on the issue at hand. So at the end of the day, when the court goes through the circumstances in that case, the best interest of that child is what the courts will consider.”

In related stories, another lawyer shared how men can protect their property from their wives during divorce.

Man laments as wife demands child custody

In a related story on Legit.ng, a Nigerian man based in Canada, Ejikeme Benedict Ifeanyi, publicly cried out over his wife's demand for full custody of their children amid their separation.

Ejikeme, who claimed he ended the marriage, accused his wife of trying to take his money while denying him access to the children.

In an emotional post to his kids, he promised never to give up on them, recalling memories and the love he showed while raising them.

Source: Legit.ng