Wife bought the land, Husband built on it; Who owns the property?

Most times, I do get asked this question a lot, especially from couples seeking divorce or separation. They are always enquiring to know who owns what property and how it will be shared amongst them.

Some of the most likely scenarios could be that the wife bought the land and the husband paid for the erection of the structure, or the wife erected the structure on the land the man bought, or both the husband and wife contributed money to the purchase of land and its building. 

This issue has been provided answers to by law but because of the nature of our society where some cultures still do not permit women to own properties, especially landed property, and the false narrative that whatever property a wife acquired while in “her husband’s house” belongs to the husband is still making this question an everyday issue which lawyers and relationship counselors are already tired of answering. 

What the law says; 

When the wife and the husband acquire a property together, ie they both contributed financially or materially to the acquisition of such a property, they are deemed at law to be joint owners or co-owners of such property; it does not matter what each contributed or the magnitude or otherwise of the contribution of any of the partners, they are both deemed to co-owner such property. 

Joint or Co-ownership means that both owners own the whole of the property and they both have equal rights to the property. By this legal principle of co-ownership, If one owner dies the property will pass or devolve to the living partner. 

A spouse (be it the man or the wife) cannot by law legally assign the property in a will to another person, (not even to their kids) while the other spouse is still alive unless they both agreed that at the time of a partner’s demise, the property should be assigned to a third party. 

The problem as to how a property jointly owned by a husband and a wife is to be shared as stated earlier, always arises when the spouses are facing divorce, dissolution of marriage, or separation. Each of the co-owners is always laying claim to be the rightful owner of the property, basing their individual arguments on the fact that his or her contribution to the acquisition of the property is of a larger proportion compared to what the other partner contributed, but the law says that both of them own the property equally, in as much as they both contributed significantly to the acquisition of the property, it is insignificant as to what proportion they both contributed. 

What happens to a property jointly owned by the husband and wife when they are facing divorce or separation?
The court or the partners can adopt any of the following approach; 

1. The court can order that the property be sold or rented out and the proceeds shared between the partners or that the proceeds be used in taking care of their kid(s). Or
2. The court can order that the property be transferred to their child(ren). Or 
3. The court can order that the spouse keeping custody of the child(ren) keep the property. Or 
4. One of the spouses can voluntarily relinquish his/her rights of ownership to the other partner ie letting the other partner have and keep the property. 

On the final note, it is the law that whosoever person’s name is on the legal documents of a property; ie the deed of assignment or the deed of conveyance or the deed of mortgage is the legal owner of such property. Therefore, it is advisable that when husband and wife acquire a property together that their both names be on the legal documents of such property. Their (both) names should all be written in full in the document and not Mr. & Mrs. XYZ. For instance, Instead of Mr. and Mrs. John Doe, It should rather be Mr. John Doe  & Mrs. Jane Doe, If the wife is yet to legally adopt the husband’s last name, the wife should then use her maiden name in the legal documents of the property, written in full, that’s how each person’s interest and ownership in the property will be legally protected.