In Nigeria, it is common for married couples to wish to purchase property together as a united front. While they may already own properties individually, they may prefer to acquire certain assets jointly, perhaps as their family home or as a means of financial security in case one partner passes away.
For instance, a couple might decide to buy property registered in both their names, like Mr. Obi Ozor and Mrs. Cecilia Ozor, or jointly as a couple, like Mr. & Mrs. O. Ozor. However, in the unfortunate event of a marriage breakdown, disputes often arise concerning ownership of properties acquired during the union. Questions like who retains possession or has the right to dispose of such assets usually surface.
Therefore, it is important to understand the concept of joint ownership to avoid disputes or legal complications in the future. Joint ownership, ensures that both parties have equal rights to the property, regardless of how much each contributed financially. In Nigeria, signing property documents as a couple involves several key legal steps and considerations to be examined below.
What is Joint Ownership?
Joint ownership refers to a legal arrangement where two or more people share ownership of a property. In the context of a married couple, this means both spouses have equal rights to the property, including the rights to use, manage, or sell it. However, these actions must be agreed upon by both parties, as neither spouse can unilaterally sell, gift, or otherwise transact with the jointly owned property without the other’s consent.
This arrangement remains in effect even in the case of divorce between the spouses. Additionally, joint ownership often includes “rights of survivorship.” This means that if one spouse passes away, the surviving spouse automatically inherits full ownership of the property, becoming its sole owner.
In Nigeria, courts typically will not grant ownership of a property registered in one spouse’s name to the other unless the claimant can provide evidence of contributing to its acquisition. Well-documented records of such contributions carry more weight in court compared to verbal claims, which may not always be deemed admissible in disputes over matrimonial property. Joint ownership often arises in situations where both spouses have contributed to the purchase or development of the property.
Factors to be Considered When Signing Property Documents as a Couple in Nigeria
1. Choose the Mode of Ownership
Before signing any property-related documents, couples must agree on the ownership arrangement that best suits their circumstances. In Nigeria, there are three primary modes of property ownership for couples, each with distinct implications:
- Joint Tenancy
Under this arrangement, both parties have equal and undivided ownership rights to the property. Neither spouse can sell or transfer the property without the other’s consent. In the unfortunate event of one partner’s death, the principle of “right of survivorship” applies, meaning the surviving spouse automatically inherits the deceased partner’s share, regardless of any will or legal contest. Joint tenancy is preferred for properties meant to serve as a matrimonial home.
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Tenancy in Common
This arrangement allows each partner to own a specific share of the property, which may be equal or unequal, depending on their contributions or mutual agreement. Each party can sell, transfer, or bequeath their share independently, and upon death, their portion passes to their heirs or as directed by their will. This mode is more flexible and often chosen when the property serves as an investment or business venture rather than a shared home.
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Sole Ownership
In this case, one partner is the sole legal owner of the property, with their name exclusively stated on the title documents. The non-owning spouse has no legal claim to the property unless they can prove financial or other significant contributions to its acquisition or maintenance. Sole ownership is common in cases where one spouse purchases property independently or before the marriage.
Each of these ownership structures has financial, legal, and inheritance implications. Therefore, couples should seek legal and financial advice to choose the arrangement that aligns with their goals, financial contributions, and long-term plans.
2. Seek Legal Advice
Engage the services of an experienced property lawyer to guide you through the legal processes. A lawyer will help you review the property documents to ensure they are legitimate and free from encumbrances.
They will also advise on the most suitable ownership structure based on the couple’s intentions and financial contributions. Finally, based on the agreed ownership structure, they will help draft or review the Deed of Assignment or Sale Agreement to include both parties.
3. Signing of Ownership Document
To ensure joint ownership, both names should be included in the title documents, such as the Deed of Assignment or Certificate of Occupancy. Both spouse’s full names should be fully stated in the title documents, and the deed should clearly indicate that the property is a joint purchase.
For example, if a couple, Mr. Obi Ozor and Mrs. Cecillia Ozor, intend to acquire property together, the purchase documents should specify their names as “Mr. Obi Ozor and Mrs. Cecillia Ozor” or “Mr. and Mrs. Obi and Cecillia Ozor,” rather than the generic “Mr. and Mrs. Ozor.”
If joint ownership of a property by a couple is not explicitly stated in the title documents or the names are written as “Mr. and Mrs. Ozor,” a party claiming joint ownership can still establish their rights by proving they made significant contributions to the purchase or development of the property.
This can be shown by presenting credible evidence, such as payment receipts, testimony from witnesses, or other relevant documentation. The likelihood of a successful claim depends on the strength and weight of the evidence provided by the claiming spouse. To provide clarity and to prevent ambiguity, it is advisable to use full names or list both names separately.
It is important to also note that “Mr. & Mrs. Ozor” is not a legally recognized entity capable of suing or being sued. Again, to prevent potential legal complications, use the full names of the individuals.
Buying a Property in the Name of Your Spouse
There are situations where a husband may register a property in his wife’s name or vice versa. In such cases, the law presumes that the property was intended as a gift to the named spouse. This legal principle is known as the presumption of advancement. However, this presumption can be challenged if evidence is presented to show that no gift was intended.
This also applies when a husband uses his personal funds to purchase property but includes his wife’s name as a co-owner. In such circumstances, the wife is presumed to have an equal interest in the property, even if she made no financial contribution. While the husband may argue that his wife did not contribute financially, the court will generally view the wife’s share as a gift or advancement unless proven otherwise.
Conclusion
Signing property documents as a couple in Nigeria requires careful planning and legal guidance. Always consult a qualified law firm like Resolution Law Firm to navigate the complexities of property transactions and safeguard your interests. While courts have the discretion to make decisions based on fairness and equity, it is better not to leave your financial security to chance.
Instead of relying on the court’s judgment, you can take proactive steps with everything discussed in this article. No one anticipates divorce, the death of a spouse, or other unfortunate events that could lead to disputes over joint property. However, life is unpredictable, and if you are considering joint property ownership with anyone, it is best to ensure everything is handled properly from the outset.
