What is the position of the Nigeria law with respect to the property acquired in the course of subsisting marriage?

The law makes provision for sharing of the landed properties acquired during marriage. This could be by partitioning of the property in dispute. In doing this, the parties may voluntarily agree to divide the property or approach the court for an order in this respect. In the alternative, the parties can also agree to sell the landed property and share the proceeds. On the other hand, instead of dividing or selling off the property, one of the parties may pay off the other and thereafter retain same for his or her own use. No matter what the case may be, the Courts will take proper consideration of the facts and circumstances of each case in awarding ownership or making any direction in that regard.

A married woman under the Marriage Act (Cap M6) LFN, 2004 has a right to partake in the sharing of matrimonial properties (properties acquired by the couple during the course of the marriage) upon the death of the husband or divorce. See the cases of Petit vs. Petit (1970) AC 777