A CRITICAL ANALYSIS OF THE VIABILITY OF PROPERTY SHARING IN DIVORCE CASES

Abstract

Shaped by colonial legacies, traditional traditions, and legislative rules under the Matrimonial Causes Act, property partition in Nigerian family law continues to be a controversial topic. Often prioritising judicial discretion and contributions to marital property, the present paradigm sidelines equitable values like equal sharing seen in other countries. This paper investigates the feasibility of using equal sharing as a default tool in divorce proceedings under Nigeria's legal system. It challenges whether such a change might solve gender inequalities and foster justice, or if it runs the danger of conflicting with socio-cultural reality. The goal is to break down the current system of property division, identify its flaws, and consider the possibilities of equitable sharing as a reforming instrument. Relying on an examination of legislative provisions, case law, and academic literature, the study uses a doctrinal approach. This method allows a normative criticism of legal concepts and their use in Nigerian divorce cases. Results show that the present system, based on contribution-based evaluations, often disadvantaged non-financial contributors, especially women, hence reinforcing inequality. Though theoretically appealing, equal sharing struggles against deep-seated patriarchal values, legal diversity, and economic inequality. Its implementation is made more difficult by judicial opposition and enforcement concerns. The research contends, however, that a changed equal-sharing approach, moderated by contextual protections, might improve fairness without completely replacing current practices. Among the recommendations are legislative changes to incorporate equitable sharing as a rebuttable presumption and judicial education to harmonise fairness with discretion. Campaigns to raise public knowledge are also suggested to change cultural views. Ultimately, given its fit with the country's particular socio-legal environment, equal sharing may not be a cure-all but its careful inclusion might signal a steady move towards fair property distribution in Nigerian family law.