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Abstract
A spouse is a legally married person, under the definition of marriage as given in Hyde v Hyde), a right is a well-founded claim; and when a given claim is recognized by the civil law it becomes an acknowledged claim or legal right enforceable by the power of the State. Proprietary rights are the legal rights that an individual or entity has in relation to the ownership, use, and disposal of property or other assets. Couples have the right to jointly own property seperately. Yes, a husband and wife can jointly own a property together as there is no law in Nigeria that bars the married couples from joint purchase or ownership of a property. S.7 land use act 1978. However, a husband and wife are two separate human beings each with full legal capacity to either own or purchase a property separately or jointly as they may desire. Married women property law 1884 The Constitution under section 43 allows the spouse to validly own property The Matrimonial Causes Act ensures that property gained during a marriage is equally divided between the spouses in the case of a divorce or separation for marriages performed under statutory law. This implies that regardless of who bought or possessed the property, each spouse has a legal claim to a portion of the assets gained during the marriage. 89 The court requires evidence of contribution before allowing any spouse to claim the others property. Evidence must be tendered to prove same. Where spouses jointly contribute to buy landed property, they're joint tenants and just suceed to each other. Such property cannot be divided unless one sell his/her aliquot part and the buyer becomes a tenant in common. In most jurisdictions, the court recognizes that a wife who does contributes nothing to the family property but does house we rk has indirectly contributed get isb sga and can claim proprietary right.
