| Marital property regime | | |
| What is the default marital property regime? | Separation of property | Married Women’s Property Act 1882
Constitution of the Federal Republic of Nigeria, Art. 43 |
| Who legally administers joint marital property? | The original owner | Constitution of the Federal Republic of Nigeria, Art. 43
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Note that, in case there is joint ownership of property, the court will decide on a case by case basis and can award the property to any party if it thinks it is "just and equitable" to do so. In the case of dissolution of the marriage, who is entitled to ownership of the marital home? | Other | Matrimonial Causes Act, Art. 112 (4)
Married Women’s Property Act 1882 |
| Joint titling | | |
| For property acquired during the course of a marriage, is there a legal presumption of joint ownership between the husband and the wife? | No | Married Women’s Property Act 1882
Constitution of the Federal Republic of Nigeria, Art. 43 |
| Does joint titling of major assets (such as land or the marital home) exist for married couples? | Yes | No restrictions could be located.
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| If joint titling exists for married couples, is it the default for marital property? | No | No applicable provission could be located.
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| Rights over moveable and immoveable property | | |
| Do unmarried men and unmarried women have equal ownership rights to moveable property? | Yes | No prohibition could be located.
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| Do unmarried men and unmarried women have equal ownership rights to immoveable property? | Yes | No prohibition could be located.
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| Do married men and married women have equal ownership rights to moveable property? | Yes | No prohibition could be located.
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| Do married men and married women have equal ownership rights to immoveable property? | Yes | No prohibition could be located.
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| Do sons and daughters have equal inheritance rights to moveable property from their parents? | Yes | Administration of Estates Law of Lagos, Section 48
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| Do sons and daughters have equal inheritance rights to immoveable property from their parents? | Yes | Administration of Estates Law of Lagos, Section 48
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The residuary estate of an intestate shall be distributed in the following manner, namely:
If the intestate leaves a husband or wife and leaves no children and no parent, or brother or sister of the whole blood, or issue of a brother or sister of the whole blood. The residuary estate shall be held in trust for the surviving husband or wife absolutely.
In the circumstance where the deceased person leaves only a surviving spouse and no other relation, the surviving spouse takes the whole estate absolutely.
Where the intestate leaves a parent or parents and/or brothers and sisters then the surviving spouse will take the personal chattels absolutely and a half share in the estate while the other half will go to the parents and/or the brothers and sisters of the intestate. Do female and male surviving spouses have equal inheritance rights to moveable property? | Yes | Administration of Estates Law of Lagos, Section 48 (1)
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The residuary estate of an intestate shall be distributed in the following manner, namely:
If the intestate leaves a husband or wife and leaves no children and no parent, or brother or sister of the whole blood, or issue of a brother or sister of the whole blood. The residuary estate shall be held in trust for the surviving husband or wife absolutely.
In the circumstance where the deceased person leaves only a surviving spouse and no other relation, the surviving spouse takes the whole estate absolutely.
Where the intestate leaves a parent or parents and/or brothers and sisters then the surviving spouse will take the personal chattels absolutely and a half share in the estate while the other half will go to the parents and/or the brothers and sisters of the intestate. Do female and male surviving spouses have equal inheritance rights to immoveable property? | Yes | Administration of Estates Law of Lagos, Section 48 (1)
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The residuary estate of an intestate shall be distributed in the following manner, namely :
If the intestate leaves a husband or wife and leaves no children and no parent, or brother or sister of the whole blood, or issue of a brother or sister of the whole blood. The residuary estate shall be held in trust for the surviving husband or wife absolutely.
In the circumstance where the deceased person leaves only a surviving spouse and no other relation, the surviving spouse takes the whole estate absolutely.
Where the intestate leaves a parent or parents and/or brothers and sisters then the surviving spouse will take the personal chattels absolutely and a half share in the estate while the other half will go to the parents and/or the brothers and sisters of the intestate. In the case of the death of one of the spouses, does the surviving spouse, regardless of gender, have equal inheritance rights to the marital home? | Yes | Administration of Estates Law of Lagos, Section 48 (1)
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