CHALLENGES OF NIGERIAN WOMEN WITH RESPECT TO MARITAL PROPERTY AND INHERITANCE RIGHTS

ABSTRACT

This research work is a critique of challenges of Nigerian women with respect to marital property and inheritance rights. It examines the current position of the law in Nigeria as it relates to the settlement of property on the breakdown of civil marriage, and to establish that in Nigeria there is no special regime for dealing with matrimonial property; examine and criticize judicial pronouncements centered on the provisions of the law and the attitude of the courts towards the settlement of property upon divorce for the purposes of having a better conception of how the courts have understood and interpreted the law (especially the provisions of the Matrimonial Causes Act of No 18 of 1970)from the perspective of equality between spouses in marriage; comparative reflection on how the property rights of spouses are determined on the breakdown of civil marriage in other jurisdiction, to reveal the conservative nature of the law in Nigeria as it relates to the settlement of property and the need to advance a rethink of the legal framework. It has been discovered that a complete separation of property system operates in Nigeria. Comparatively, the research work determines the suitability of some legal precepts existing in other clime and how they could be employed in Nigeria. This study has shown that Nigerian law has remained unresponsive to the plight of spouses (especially female spouses) who are mostly financially disadvantaged on marriage breakdown. A default matrimonial property system, which is akin to the accrual system in South Africa, is proposed. The proposed matrimonial property system will preserve the independence and equality of spouses during marriage and upon its breakdown. A case is made for the recognition and enforcement of marital property agreements which will aid spouses in deciding how the financial and property aspects of their marriage will be regulated. The study, however, supports the recognition of the redistribution power of the courts, notwithstanding the matrimonial property system in operation. The courts’ discretion, in this regard, must be exercised sparingly, only when the justice of each case demands it. The need to give sufficient weight and valuable considerations to the indirect contributions of a homemaker and caregiver vis-à-vis the contributions of the breadwinner is advanced. The study takes the standpoint that concepts of equity and trust could play a vital role in the determination of the property rights of spouses on civil marriage breakdown. It concludes that there is a need to develop and improve the present legal framework on the property rights of spouses on civil marriage breakdown in Nigeria.