RIGHTS OF NIGERIAN WIVES OVER THEIR HUSBAND’S PROPERTIES UPON DEATH, DIVORCE AND SEPARATION
This article is not a Legal advice. It is meant to provide information/education.
By Chris Williams Nwokoro | April 2018 | Updated March 2026
This topic was conceived as a result of the number of affected married women in Nigeria calling PropertyGroom to report how they are thrown out of their matrimonial homes by their husbands, in most cases violently and without any settlement. PG have it in good authority that marriages in Nigeria lately are breaking down like kumbi buses on Lagos roads and in most cases these women an either left to suffer with their children or thrown out of the house without any settlement. Think about a woman who got married at 20, left her career pursuit and got into family life, had 6 children, took care of the children, the man and the family and at the age of 50 problems arose and she is thrown out of the house with little or nothing either as a result of culture, religion or family decision. This is the woman we are talking about here.
The major reason for this unacceptable injustice against married women in Nigeria is ignorance of the laws in this area among many women, families and even men who perpetrate these heinous acts. If you know what the law says, it will guide your actions.
The question to start with is this: “What rights does a Nigerian woman have over her husband’s properties/assets upon separation, divorce or death?” We will examine these rights to claim under these circumstances: separation, divorce and death, in two categories: Statutory marriage and customary/religious marriages
- STATUTORY MARRIAGE
This is when a marriage is conducted under the Act. The law is the Matrimonial Causes Act 1970 (MCA). That is when you get married at the Registry and a marriage certificate is issued to you (usually two copies. One for each party) or when you go to the registry to register your marriage and obtain a certificate after traditional/religious or any other form of wedding. The marriage is monogamous.
Now let us examine your rights here in case of separation, divorce and death.
SEPARATION: Separation means when a court has granted your petition for separation by releasing both husband and wife from the duty to live together, have sex, and performing obligations as husband and wife, but it does not end the marriage. You are still legally married. It does not confer the same rights as divorce. Read Section 18 of the MCA 1970. Note: The fact that a husband or wife packed out of the house and lived separately for years without a court pronouncement does not confer legal rights of separation. The court must pronounce the separation. The law protects the woman upon separation only on the grounds of maintenance and occupation of the family house with the children, upon court pronouncement. Read these cases below as a guide:
Adeyemi v Adeyemi (2016) 14 NWLR Pt 1531 SC 221, Onyibor Anekwe v Nweke (2014) 9 NWLR Pt 1411 SC 134, Okoli v Okoli (2019) 6 NWLR Pt 1669 SC 247, Paul v Paul (2005) 6 NWLR Pt 920 SC 349
DIVORCE: Divorce is when a competent court has dissolved the marriage according to Section 15 and 72 of the MCA. Upon divorce, the woman is entitled to a share of the man’s property under certain circumstances. The court considers direct and indirect contributions to the property/assets and the woman’s contribution to the entire life of the family, and the woman must show evidence.
Direct contribution is when the woman has made any direct financial contribution to the building or maintenance of the house. When in any way her money is directly or indirectly in the house or other assets. The amount is not the issue. Even evidence of cooking for workers, supervising construction, payment of transportation for materials supply, etc., are considered as contribution, but you must show evidence.
Indirect contribution is where a woman has lived with the man, cooked for him and family, maintained the house, the children, the family, and supported the man to be able to do his work successfully, even as a housewife without any other work. It gets weightier in consideration where there is evidence, for instance, that the woman was doing some business and contributing to housekeeping like running a shop, selling tomatoes, pepper, cooking items, mama put in front of the house. Another example is where there is evidence that the woman left her job/business to take care of the children, the man and home. The court evaluates all these efforts in terms of money and can award as much as 40 to 50% of the man’s properties to the woman upon divorce. The woman must prove these circumstances. Note that this situation is more disposed to marriages under the act where the court has to interpret section 72 as it deems fit looking at the facts before it. The Supreme Court has ruled on these protections in:
Mogaji v Mogaji (2016) 14 NWLR Pt 1529 SC 191, Nwosu v Nwosu (2004) 15 NWLR Pt 897 SC 221, Ozumba v Ozumba (2011) 16 NWLR Pt 1273 SC 1, Mba v Mba (2004) LPELR-1841 CA, Ozomeku v Ozomeku (1994) 7 NWLR Pt 358 CA 505
DEATH: We all know what death means. When a man dies with a WILL, he speaks from his grave with the WILL, unless any entitled person has any reason to challenge the WILL. You should approach your lawyer for this. But when a man married under the Act dies without a will (INTESTATE), the MCA 1970 and the states with FCT Abuja administration of estate laws applies.
In Lagos State: The law is section 49 of the Administration and Probate Law of Lagos State, Cap A6, Laws of Lagos State ,2015. Also, In FCT Abuja, the Law is section 2 of Administration of Estates Law, Cap 2 laws of the Federation of Nigeria 2024. Read the cases below
Ukeje v Ukeje (2014) 11 NWLR Pt 1418 SC 384, Savage v Savage (1979) 5 SC 109, Idehen v Idehen (1991) 6 NWLR Pt 198 CA 382, Akinola v Akinola (2013) LPELR-21373 CA, Cardoso v Cardoso (2018) LPELR-45086 CA
In FCT and some Northern States The law is the Administration of Estates Law of Northern Nigeria. Wife with children gets 1/3 of the estate. Children share 2/3.Wife with no child gets 1/2 while husband’s relatives get 1/2. See: Nkwocha v Nkwocha (2008) LPELR-4662 CA, Okoli v Okoli (2012) LPELR-19615 CA, Adebayo v Adebayo (2016) LPELR-41058 CA, Yusuf v Yusuf (2010) 18 NWLR Pt 1225 CA
The most important advice for women is to REGISTER YOUR TRADITIONAL MARRIAGE with the registry, even years after celebration so you can bring it under the Act . Church wedding/other wedding settings do not suffice unless you register the wedding with the registry. Refusal of the man to register is a RED FLAG, but you can approach the court for an Order of registration. Read the cases below: Ukeje v Ukeje (2014) 11 NWLR Pt 1418 SC 384, Mojekwu v Ejikeme (2000) 5 NWLR Pt 657 SC, Dzungwe v Gbishe (1985) 2 NWLR Pt 8 SC 528, Anekwe v Nweke (2014) 9 NWLR Pt 1411 SC
CUSTOMARY/TRADITIONAL MARRIAGE
In Lagos, Abuja and other states of Nigeria, customary/religious laws apply. When a marriage is conducted outside the act, it can be either monogamous or polygamous. The issue of what a woman gets here under the circumstances of separation, divorce, or death is determined by the custom, religion and courts depending on where the man is living and where the properties are located. Experience shows that in most cases the culture and religion do not favor these women in these situations. The supreme court has stated in several cases that a woman must show evidence of having contributed money to the house before she can get share but the courts have always come to the rescue of these women in consideration of contributions, either directly or indirectly, and where children are involved buy evidence is important. The issue here is the ignorance and unwillingness of women to approach the court to enforce their rights. Another very important issue is that most wives do not have evidence of all their numerous contributions as they do not envisage these circumstances from the beginning which is lack of wisdom.
PropertyGroom is urging Nigerian wives to wake up from their slumber to enforce their rights as things are changing by the day. They must understand that these circumstances of separation, divorce or death are things that can occur. “It is not my potion “is not a wise decision. The wise way to think is that anything is possible so you guide and protect yourself against tomorrow. Read the cases below and you will realize that the courts have been fighting your battle, not family members. Read Onyibor Anekwe & Anor v Mrs. Maria Nweke. SC 129/2013. Agbai v Okogbue.(1991) 7 nwlr pt 204 p391
C Nigerian women should stop lamenting when they are unfairly treated by their husbands. The courts are there to save you. The notion that you cannot share in your husband’s properties unless you contributed money is not true. You can get your due share upon divorce and death of your husband if you can show evidence of being a good wife as stated above even as a house wife in both statutory and traditional/religious marriages. Men are also enjoined to read all the laws and court cases above. It will guide your actions.
Let the discussion continue with PROPERTYGROOM on our social media.