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The Nigerian system recognizes three types of marriages, which are statutory marriage; customary marriage; and Islamic marriage. Under the customary and Islamic marriages, the right to a woman to acquire and own property was subject to the consent and control of their husbands, as women are often regarded as subordinates to their husbands and as such not entitled to rights of any family property upon divorce. Upon dissolution of the marriage, she is often disposed of any properties or benefits. However, in a statutory marriage, there are benefits enjoyed by women married under the Marriage Act as they have rights in matters of divorce rights to property or inheritance. In proceedings for the dissolution of a legal marriage, the court exercises its discretion to ensure that family properties are divided equitably and fairly.

The Marriage Act 1990 and other legislation which will be outlined below, gives a wife married under the statutory law the rights to acquire, hold or dispose of and have shares in a family property in the event of divorce.

There are several laws and judicial precedents that support and guarantee the right of a legal wife to acquire family properties and inheritance in the event of a divorce in Nigeria. The major laws that protect the right of women to own properties in Nigeria are the 1999 Constitution of Nigeria (as amended), which abolished any form of discrimination against women and the Matrimonial Causes Act, which mandates the settlement of property in favour of women in deserving circumstances

In determining the rights of a legal wife in divorce proceedings, the court treats family properties owned by spouses as separate and it adopts a strict approach in determining the proprietary rights of a wife. The court has the power to order the settlement of property for the benefit of parties to the divorce or children of the marriage using the equitable approach to ensure that the property is shared equitably and fairly. As by Section 25 of the Matrimonial Causes Act, on the application of the Respondent made in course of divorce proceedings, the court may if it considers it just and proper in the circumstances of the case, makes provisions for the maintenance or benefit of the respondent.

Section 72 of the Act goes further to provide that “the court in divorce proceedings may require parties to the marriage, or either of them to make for the benefit of all or any of the parties and the children to the marriage, such a settlement of property to which the parties are, or either of them is entitled (whether in possession or reversion) as the court may consider just and equitable in the circumstances of the case”.

In exercising its powers, the court may order that any necessary deed or instrument be executed and that the documents of title be produced or such other thing be done as necessary to enable an order to be carried out effectively or provide security for the performance of the order.

In the settlement of property during divorce proceedings, the financial contribution of the parties to the property is often the approach adopted by the court to determine the extent of rights to be granted in favour of the wife. The Nigerian courts often rely on documentary evidence as proof of the existence of joint ownership of property or financial contribution towards the acquisition of the property or development of the property before the claims to the right of property can succeed, especially where the legal title to the property is in the name of the husband.