NIGERIAN COURTS AND THE ADOPTION OF STRICT PROPERTY TITLE RIGHTS APPROACH IN THE SETTLEMENT OF PROPERTY IN DIVORCE PROCEEDINGS RELATING TO STATUTORY MARRIAGE: THE NEED TO JETTISON THE APPROACH

Abstract

           In a plethora of cases relating to the dissolution of statutory marriage in Nigeria, the courts very often consider the issue of settlement of property strictly based on the financial contribution of parties to the acquisition of the property or properties in question. The Petitioner and or the Respondent are usually expected to lead clear evidence in proof of such contribution before proprietary interest in the family assets can be granted to him or her. Settlement of property at divorce is provided for by the matrimonial property law in Nigeria. A consistent trend in the attitude of Judges of courts in Nigeria has been to adopt the strict property rights approach in ordering the settlement of property in which case it is the spouse whose name appears on the title document of the marital property that is deemed the owner, unless the other spouse has documentary evidence of co-ownership or tangible contribution to the same property. This is usually detrimental to the woman who might have made invisible contribution to the acquisition of the property or properties that needs to be settled. This article examines the attitude of the courts to the settlement of property on spouses in divorce proceedings relating to statutory marriage in Nigeria. The paper argues that adopting the strict property law approach to settlement of property in divorce proceedings in Nigeria is an unfair practice as it places the woman in a very precarious situation not minding her enormous invisible contribution in most cases and it undermines the marriage partnership. This paper argues further that the cost of performing the role of a homemaker and the financial and non-financial contribution of the woman to the welfare of the family should be accorded equal economic value as whatever contribution the man makes to the sustenance of the family. The researcher made use of the doctrinal research approach. The paper is divided into six (6) sections. Section one is the introductory part, section two deals with the concept of statutory marriage. Section three addresses the issue of divorce and dissolution of marriage. Section four talks about the importation of common law principles of property law into matrimonial relationships. Section five advocates for the adoption of equity based approach in the settlement of property in divorce proceedings. The paper concludes in section six with recommendations.