The legal framework
Nigeria has no cohabitation regime. Customary law may recognise a union where bride price has been paid, which is a different question from cohabitation as such, and statutory marriage remains the only route to the full range of spousal rights. Property claims between unmarried partners depend on ordinary trust and contribution principles.
Key points
| Status | Recognised by statute in some of these jurisdictions, not in others |
|---|---|
| Property | Claims generally rest on proving financial or non-financial contribution |
| Maintenance | Available only where a statute provides for it |
| Inheritance | A partner rarely inherits without a will, unless legislation says otherwise |
| Children | Their rights depend on parentage, not on the parents' marital status |
| Registration of customary marriage | Often the simplest way to convert a de facto union into recognised rights |
| No recognition of cohabitation | Only statutory, customary and Islamic marriages have status |
| Customary marriage | Often assumed to exist where bride price was paid and families consented |
| Evidence | Payment of bride price and family involvement are the usual proof |
| Widows | Customary practices that dispossess widows have been held unconstitutional |
In practice
- Keep documentary proof of every contribution to property — receipts, transfers, building materials.
- Register a customary marriage where that route is available; it is usually the cheapest protection.
- Make a will, and keep a copy with a trusted third party.
- Ensure children are registered and filiation acknowledged.
- Document the customary steps taken: witnesses, payments and family consent.
- Register the customary marriage where the state provides for it.
Cost and coverage
Registration and wills are inexpensive; litigating a contribution claim is not.
Recent changes
The clearest regional trend is judicial recognition of non-financial contribution, alongside statutory protection for long cohabitation in parts of the Caribbean.
Where to go
- Civil registry for marriage registration.
- Legal aid schemes, law clinics and women's rights organisations.
- Local courts for maintenance and property claims.
Worth knowing
A surviving partner without a marriage certificate or a will is in the weakest position of anyone in these systems — often facing the deceased's family with nothing in writing. Fix that while both partners are alive. Courts have struck down customary rules that disinherit widows and daughters. Those decisions are binding but are still widely ignored at community level.
Official sources and links
- Nigeria.gov.ng — official government portal