Sharing of property after divorce in Nigeria also
regarded as settlement of property is the
transfer of property of a party that may be jointly
owned to the other spouse. This usually comes
as an ancillary relief granted during divorce
proceedings. Settlement of property must be
contained in a divorce petition or answer and
should not be an afterthought.
The power of the court to share the properties
for the benefit of either of the spouse is
contained in Section 72 (1) of the Matrimonial
Causes Act 1970 which provides as follows;
“in proceedings under this decree, by order
require the parties to the marriage, or either of
them to make for the benefit of all or any of the
parties to and the children of the marriage such
settlement of property to which the parties: or
either of them is entitled (whether in possession
or reversion) as the court considers just and
equitable in the circumstances of the cases”
This legislation obviously empowers the judge
who hears the divorce petition, to decide how
property owned by the parties or either one of
the parties is to be shared. This discretion must
however be exercised in a way that is ‘just and
equitable’.
Due to the plurality of Nigeria Legal System,
there are different legal principles guiding
settlement of properties under different forms of
marriage i.e under the customary law and under
statutory provision (marriage under the Act)
SETTLEMENT OF PROPERTIES UNDER
CUSTOMARY MARRIAGE
Under the customary law, both the man and the
woman can acquire property either before or
during the marriage. The woman is not barred
from holding or acquiring her own property. Also
when the man acquires a property, he has sole
interest or right over the property. When a
marriage under the customary law is been
dissolved, the woman has no right to claim for
settlement of property even if she contributes to
the acquisition of such property. She cannot
through a court order compel her husband
share the property with her.
SETTLEMENT OF PROPERTY UNDER
STATUTORY MARRIAGE
However under the statutory marriage (marriage
under the Act) either of the parties can apply to
the court alongside with the divorce petition for
the settlement of properties. The legal
framework for settlement of property is
contained in Section 72 of the Matrimonial
Causes Act as mentioned earlier. The property
to be settled must belong to either of the parties
to the marriage. The court cannot share a
property that belongs to neither of the parties.
The property can either be real or personal
property.
Under the statutory marriage, one of the ways in
which the court assess justice and fairness is
when the party asking for property to be settled
on him/her, shows or establish that he/she has
contributed in concrete terms to the acquisition
of the property. In KAFI v. KAFI 1986 NWLR 175,
the wife argued that she gave all necessary
moral and financial support to the petitioner
(husband) apart from performing all domestic
duties as a wife and all this was established.
The Trial Judge said in his judgement;
“I accept her evidence and therefore finds that
she contributed towards the purchase of some
of the lands on which the houses ( now said to
be belonging to the husband/respondent ) were
built and that she contributed towards the
development of the said properties as well a to
the success of the business of the husband/
respondent. The properties can be regarded as
product of their joint efforts. She therefore
deserves in my ruling to have a property settled
on her for her benefit and that of the children by
virtue of Section 72 (30 of the Matrimonial
Causes Act 1970, irrespective of what the
husband/respondent would want to do further
for the children. The husband is therefore
ordered to settle property at 15, Adeola Adeleye
Street, ilupeju Lagos by deed on his wife/
applicant accordingly”
Whenever a spouse says he/she contributed to
the acquisition of a property or construction of
a building, this must be proved before the court
can grant the order for the property to be
shared. In ONABOLU v. ONABOLU (2005) 2 SMC
135 the wife/petitioner claimed among other,
against her husband that their joint matrimonial
property be shared equally between them or
sold and the proceeds of sale shared equally.
The court having carefully examined all the
pieces of evidence given by the wife/petitioner
and the husband/respondent on issue of joint
ownership of the property found that the
evidence of the husband/respondent positively
established that he bought the land over which
the property was built. The Court of Appeal held
to this effect:
“It is settled law that a person who claim to be
the joint owner of a property must be able to
quantify his contribution. He must give detailed
particulars and support them where necessary
with receipts of what he bought towards the
building of the property…..”
FACTORS THE COURT MAY CONSIDER BEFORE
SETTLING FAMILY PROPERTY
The court in determining the extent of the
property to be settled, it would consider the
circumstances of the case including the fortune
of the parties and their responsibility.
In sharing of property, the court is usually
guided by what is just and equitable. As such
the court has a wide discretionary power to
share properties as just and equitable

All being said... you cannot share properties with your wife or husband if you can't establish concrete proof / evidence that you contributed to the acquiring of the properties.

hmmmm!!!!! Eleyi gidi gan oooooooooo