“Husband and wife cannot buy and own property in family name” Daily Law Tips by Onyekachi Umah,Esq. (Tip 96)

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 96)
“‘Mr. & Mrs. Xyz’ Cannot buy Landed Property in Nigeria”.

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. Whoever Somebody” are not legally recognised beings that can own land, transact on them, sue or be sued. To avoid illegality, it is better done in full names of husband or wife or both as separate beings.

See the Married Women Property Act 1882, the Married Women Property Law 1959, section 7 of Land Use Act, as well as the case of Lion of Africa Insurance Co. Ltd V. Mr. and Mrs. Esan (1999) 8 NWLR (Pt. 614) 197.

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