Husband and Wife cannot Buy and Own Property in Family Name

Husband and Wife Cannot Buy and Own Property in Family Name, like “Mr. & Mrs. Ahmed Okoro”.

By Onyekachi Umah, Esq (Tip 96)

In a Nigeria and across Africa where most women are trained (brainwashed or even forced) not to own property (especially landed property), it is common to find most land documents in the names of sons, boys, men, husbands, sugar-daddies and fathers. Even husbands and sugar-daddies gift land and houses in their names to their wives and mistresses without expecting a change of ownership, for obvious reasons.

In an attempt to change this narrative and support Women Economic Empowerment (WEE), some couples purchase land in their family names, like “Mr. & Mrs. Ahmed Okoro”, “Dr. & Mrs. Obinna Adeniran”, “Prophet & Evang. Oladeji Abubakar”. Unfortunately, such family names are mere social expressions and unknown to property law and cannot legally purchase and own land and landed property in Nigeria. This work reveals the correct and appropriate way to refer to and address a couple that jointly purchase and own a land or landed property in Nigeria.

“Mr. & Mrs. Xyz” or “Mr. & Mrs. Ahmed Okoro” cannot legally buy and own land or Landed Property in Nigeria. Really, in the eyes of property law, there cannot be any person or persons known by the above names. There are no means of identification that can substantiate such names not even a marriage certificate.

Only human beings of 21 years and above as well as corporate beings can buy, own, sell and transact on lands in Nigerian. Hence, “Mr. & Mrs. Ahmed Okoro” are not legally recognised human beings that can own land and transact on them, sue or be sued.

To avoid illegality, it is better done in full names of the husband or wife or both as separate beings. So, “Mr. Ahmed Okoro” or “Mrs. Shola Okoro” are human beings that can own land and landed property. If for any reasons, whether love or business, the above 2 persons want to jointly purchase and own a property, they can do so by referring to themselves as “Mr. Ahmed Okoro and Mrs. Shola Okoro” as the Purchaser or Seller. This also applies to tenancy relationships.

Reference:

1. The Married Women Property Act 1882,

2. The Married Women Property Law 1959,

3. Section 7 of Land Use Act

4. Lion of Africa Insurance Co. Ltd V. Mr. and Mrs. Esan (1999) 8 NWLR (Pt. 614) 197.

#DailyLawTips
#LearnNigerianLaws
#SabiLaw

****************************************************************************************

This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.

DISCLAIMER:

This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.

PROJECTS: 

🛒 Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org

🎯 Publish your legal articles for FREE by sending to: eve@sabilaw.org

🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 5

KEEP IN TOUCH:

Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:

YouTube: SabiLaw

Twitter: @Sabi_Law

Facebook page: SabiLaw

Instagram: @SabiLaw.org_

WhatsApp Group: Free Daily Law Tips Group 5

Telegram Group: Free Daily Law Tips Group

Facebook group: SabiLaw

Email: lisa@sabilaw.org

Website: www.SabiLaw.org

ABOUT US & OUR PARTNERS:

This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.

DONATION & SPONSORSHIP:

As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here  or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200.

***********************************************************************************