Activist lawyer explains why you can’t claim half of your husband’s property after divorce in Nigeria

Activist lawyer Madubuachi Idam made it clear on Thursday, August 22, that Nigerian laws do not allow a woman to automatically receive 50% of her husband’s property in a divorce.

Idam advised women who might be considering pushing their partners into a court marriage with the hope of claiming a portion of their property in case of divorce to rethink their strategy. He explained that such expectations do not align with Nigerian legal standards.

In an interview with DAILY POST, Idam emphasized: “The idea of getting 50% or any share of a man’s property during a divorce is not part of Nigerian law.”

He pointed out that for a spouse to claim part of the property, they must show evidence of contributing to its acquisition. “Statutory marriage (court marriage) doesn’t automatically give a Nigerian woman a share of her husband’s assets if they divorce. If it did, divorce would be seen as a quick way to gain wealth for some who might be looking to escape poverty without truly investing in the marriage.”

Idam did mention that in the case of death, a surviving spouse does have rights to the deceased’s properties acquired during their marriage. “However, during a divorce, no such automatic entitlement exists. To claim any part of your spouse’s property, you must prove your contribution to its acquisition.”

He added that laws vary by location, and what might be applicable in other countries like the UK is not necessarily the same in Nigeria unless explicitly legislated. “If your motivation for entering into a court marriage is to secure a share of your spouse’s wealth in case of divorce, you might want to reconsider your approach.”