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LawWithEbele's Posts

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LawWithEbele(f): 12:38am On May 30
Her Name Was on the Land Documents... But the Court Declared Her Husband The owner of The Land

She had the Certificate of Occupancy in her name.She believed the land in Abuja was hers.But when the marriage ended, the court said, “No, it belongs to him.”

This is not fiction. It happened in the real case of Madu v. Madu [2002] 13 NWLR (Pt. 783) 231.

Here’s what you should know:

Grace Madu and her husband had a customary marriage. She applied for land, and the allocation was made in her name. But when things fell apart and she took the matter to court, claiming the land as hers...

She lost. Why? Because the court discovered:

The husband paid for the land.

He processed the allocation.

He collected the certificate.

He developed the property and rented it out.

She couldn’t prove any financial contribution.

The court applied the principle of resulting trust (A resulting trust happens when one person pays for a property but puts it in another person’s name, and the law assumes it wasn’t a gift. So, the person holding the title is just keeping it in trust for the real owner.), saying the name on the Certificate of Occupancy doesn’t automatically mean ownership, especially when someone else bore the financial burden.

What You Must Learn from This:

1. Your name on the document doesn’t guarantee ownership.Equity may favor the person who paid, not the person named.

2. Always document your contributions.If you helped pay for a property, protect your interest legally. Don’t rely on love or promises.

3. Understand resulting trust.If you’re only the ‘name’ on the land, and not the person who paid, you may be holding it in trust.

Too many women lose everything when marriages fail. Not because they did anything wrong, but because they didn’t understand the legal consequences of ownership and documentation.

Don’t wait for heartbreak before protecting your rights.

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer. I help you use the law to protect what matters most.

Friends, have you ever contributed to a property that wasn’t in your name? What happened? Share your experience, someone needs to learn from it.

NB:
This post is strictly for educational purposes and not a legal advice. For legal advice, kindly book a consultation.

#FamilyLaw #PropertyLaw #MaduVMadu #CofO #MarriageAndProperty #ResultingTrust #EbelechukwuLegal

34 Likes 6 Shares

LawWithEbele(f): 4:34pm On May 25
DiasGodinHeaven:
Where is the video

I have shared what I have.

21 Likes 2 Shares

LawWithEbele(f): 3:51pm On May 25
LEAKED S.£.X TAPE: Let’s Talk Law, Not Just Morals

The internet is boiling over the leaked s*x tape of an Anambra man and woman, who were allegedly married to other people. While opinions are flying everywhere, “They’re divorced!” “No, they’re still married!”, let’s assume they’re both still married for purposes of this discussion.

Now let’s face the real question: Is adultery a crime in Anambra State?

The answer is NO. Let me break it down:

What is adultery?

It’s when a married person has voluntary sexual intercourse with someone who is not their spouse.

But is it a CRIME? No.And here’s why:
A crime is an act made unlawful by a written law, punishable by fine or imprisonment.

In Anambra State, and the entire southern Nigeria, no written law criminalizes adultery.Shocking? Maybe.
Unjust? That’s debatable.But that’s the LAW.

So while adultery might be morally scandalous, it is not legally punishable as a crime in Anambra.

However, in some Northern Nigerian states where Sharia law applies, adultery is a criminal offence, and it carries heavy penalties.

Bottom line?Adultery is a fact if successfully proved could led to divorce but not for jail in Anambra State. Meanwhile, I have written a blog article on adultery and divorce. https://www.elawfirm.ng/adultery-and-divorce-in-nigeria/

So don’t be misled, morality is not always the same as legality.

What do you think? Should adultery be criminalized across Nigeria? Or should it remain a civil (and personal) matter?

Let’s talk in the comments.

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer.

#ebeechukwulawfirm #familylaw #adultery

16 Likes 4 Shares

LawWithEbele(f): 12:29pm On May 24
Chickensoup:

If the wife leaves the husband, will she pay as well or it's only apply to men?

The law applies to both parties. However, in practice, men hardly claim spousal from their wives.
LawWithEbele(f): 12:23pm On May 24
StillDtruth:


All

This applies to marriages contracted by the Marriage Act statutory marriage.
LawWithEbele(f): 8:42am On May 24
maxiuc:
cheesy

I will create a topic on this and I want straightforward answers

My cousin bro got married to a woman that secret lured him into Court marriage and this is a girl that brought absolutely nothing it was my bro that trained her in university and ever since the court wedding this lady has been misbehaving and I got a clue from a closer friend of hers about her reasons for the court marriage and my cousin brother is very naive and stubborn type sometimes I used to tell him that no be to get money you get sense that's what he refuses to understand and he act to be on top the situation not knowing that the situation is on top him grin grin angry ,now the lady is kind of doing anything she wants to do kwatakwata if Dem divorce she will get a share from my cousin brother properties, she contributed absolutely nothing to the wealth of this my brother. now what does the Nigerian laws says about this should Incase divorce comes can she lay claim of any of my Brothers properties that she never contributed into and all this properties has been there before she came in as wife...

Sharing of properties after divorce is not automatic. You have to ask for it. The court in deciding who gets what applies the"fair and reasonable" formula. Do for the girl to succeed, she has to prove that she contributed to the acquisition of those properties. However, some courts have interpreted contribution to mean financial contribution, while other have taken cognizance of non financial contribution. Whichever way it goes, kindly note that statutory marriage is not an automatic ticket to having a share in a man's property. You must prove that you contributed to its acquisition
LawWithEbele(f): 8:32am On May 24
LawWithEbele:
“He’s Rich. She’s Struggling. But the Court Gave Her Full Custody, Here’s Why”

The Truth About How Nigerian Courts Decide Child Custody


Too many people think money wins child custody in Nigeria.

“She earns more.”
“He lives in a big house.”
“She has family abroad.”
“He can pay all the school fees.”

But that’s not how Nigerian courts work.

In the case of Nanna v. Nanna, the man was a doctor. He had policies, a new apartment, and money. The woman had none of that, but she had something he didn’t:

She was daily there for the kids.
Present in the kids’ lives.
Emotionally involved.
And the court saw it.

So they gave her full custody.

What does this mean for you?
If you're fighting for custody, the law looks beyond bank s. It asks:

Who truly nurtures the child?

Who has been present, not just powerful?

What living arrangement truly s the best interest of the child?


Money can help, but it doesn’t win custody.

Do you want to know the real checklist Nigerian courts use to decide custody?

I broke it all down in a simple guide here:
www.elawfirm.ng/child-custody-in-Nigeria-how-courts-decide

I am Aroh-Nwoka Ebelechukwu, a family and property lawyer. I help you use the law to protect what matters most.

Have you or someone you know fought a custody battle in Nigeria? What did the court look at the most? Let’s talk.


-


Don't fight the child custody battle blindly, learn the secret to success in child custody cases.

1 Like 1 Share

LawWithEbele(f): 11:55pm On May 23
“He’s Rich. She’s Struggling. But the Court Gave Her Full Custody, Here’s Why”

The Truth About How Nigerian Courts Decide Child Custody


Too many people think money wins child custody in Nigeria.

“She earns more.”
“He lives in a big house.”
“She has family abroad.”
“He can pay all the school fees.”

But that’s not how Nigerian courts work.

In the case of Nanna v. Nanna, the man was a doctor. He had policies, a new apartment, and money. The woman had none of that, but she had something he didn’t:

She was daily there for the kids.
Present in the kids’ lives.
Emotionally involved.
And the court saw it.

So they gave her full custody.

What does this mean for you?
If you're fighting for custody, the law looks beyond bank s. It asks:

Who truly nurtures the child?

Who has been present, not just powerful?

What living arrangement truly s the best interest of the child?


Money can help, but it doesn’t win custody.

Do you want to know the real checklist Nigerian courts use to decide custody?

I broke it all down in a simple guide here:
www.elawfirm.ng/child-custody-in-Nigeria-how-courts-decide

I am Aroh-Nwoka Ebelechukwu, a family and property lawyer. I help you use the law to protect what matters most.

Have you or someone you know fought a custody battle in Nigeria? What did the court look at the most? Let’s talk.


-

3 Likes 1 Share

LawWithEbele(f): 10:13pm On May 23
Baronthecelebri:
What about baby mama

Spousal is for once lawfully married but now divorced or separated spouse. A baby mama is out of this equation. The best baby manner could file for is child's . This is were it has been established that the man is the actual father of the child.
LawWithEbele(f): 1:38am On May 23
"He Left Me, So He Must Pay spousal !" Read This Before You Go to Court.

Maintenance (spousal ) is money the court may order one spouse to pay the other after separation or divorce. It helps the spouse who needs financial .

Too many people, men and women alike, think that once you ask, the court will just award maintenance.

They believe it’s automatic.
They assume it favours women.
They assume it’s about who cried the most or looked more pitiful in court.

They are wrong.

Under Section 70(1) of the Matrimonial Causes Act, the court is required to consider:

Your income and the income of your spouse

Your conduct and that of your spouse

Your ability to earn and every other relevant circumstance must be considered by court before deciding whether you are deserving of spousal and the amount to be paid.

Maintenance or spousal is not emotional compensation. It’s a legal decision based on facts and fairness.

So before you walk into court saying:
“He must take care of me!”
“She must pay spousal !”

Ask yourself:

Can you prove their earning power and means?

Can you show your own need?

Are your hands clean?

Imagine claiming for your spouse to pay you the sum of two hundred thousand as spousal maintenance per month. To be successful you have to led credible evidence to establish the means, earning capacity, conducts and other circumstances like inflation, the standard of living before things fell apart to the satisfaction of the court.

Why? Because maintenance/spousal is not a favour. It’s not gender-sensitive.It’s not automatic.

It is measured justice based on means, earning capacity, conduct, and other relevant evidence.

Meanwhile, spousal is for those that contracted statutory marriage.

Friends, ignorance is expensive. But wisdom? That one pays.

So, do you think Nigerian courts should set clear limits on how long maintenance should last, or should it depend on each case? Let’s hear your thoughts

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer.

20 Likes 4 Shares

LawWithEbele(f): 3:28pm On Apr 28
Justice Served: What We Must Learn from Osinachi’s Tragic Story

Today, Justice Nwosu-Iheme of the FCT High Court, Abuja, sentenced Peter Nwachukwu, husband of late gospel singer Osinachi Nwachukwu, to death by hanging for culpable homicide.

This judgment is more than just a headline.

It reminds us that abuse is not a family matter; it is a crime against humanity.

For years, Osinachi inspired millions with her songs.
Yet behind the beautiful voice was a broken woman , battered by the very man who vowed to protect her.

Her death in 2022 shook the nation.
Today, her case teaches us bitter truths:

Marriage is not a prison.

Endurance is not a virtue when it costs your life.

Silence empowers abs.

Domestic violence is no longer "a private issue", it’s now a crime under Nigerian law.

The VAPP Act is active. Ignorance is no longer an excuse.


To anyone suffering abuse: Your life is precious.
There’s no prize for suffering in silence.
There’s no shame in walking away to live.

To society: We must stop telling victims to “pray harder” or “endure for the sake of the children.”
Religion and culture should never be weaponized against survival.

Today’s judgment is justice for Osinachi.
But it must also be a warning: Life is more important than saving face.

Rest well, Osinachi.
Your pain was not in vain.
Your story will save others.

Now over to you:

If you were Osinachi’s sister, daughter, or best friend, what would you have wanted her to do differently?

Speak your mind. Your comment might save a life today.

1 Like

LawWithEbele(f): 2:26pm On Apr 12
Mindlog:
That should be thoroughly explored and talked about when dating, which Church do they both want to attend as a married couple.

Exactly. Such issues ought to have been settled before now.

2 Likes

LawWithEbele(f): 12:21pm On Apr 12
TUANKU:
Cohabitation is just a prolonged hook-up. Hook-up XXL. grin

Perfectly said! 💯

15 Likes

LawWithEbele(f): 12:17pm On Apr 12
After cohabiting with a woman for 30 years, a man assumed that their decades of living together and raising children, despite never paying bride price, automatically amounted to a customary marriage.

So, when he decided it was time to move on, he accused the woman of denying him sex and asked the court to dissolve the “marriage.” But the court was quick to point out that there was no customary marriage to dissolve.

Cohabitation, no matter how long, without more, does not amount to marriage.

That was the end of the road for both parties—to your tent, O Israel.

Sadly, many women are in the same situation. They move in with men, have children, run homes, and live as wives—without any formal marriage ceremony, bride price, or legal recognition. It may feel like marriage, it may look like marriage, but legally, it is not marriage.

Imagine doing everything a wife does—cooking, cleaning, childbearing—without enjoying any of the legal protections or privileges of a lawful spouse. That’s the harsh reality that awaits anyone on that path.

Ladies, let’s do better.

I am Aroh-Nwoka Ebelechukwu, your family and property lawyer.

#arohnwokaebelechukwu #ebelechukwulawfirm #FamilyLawyerNearMe #familylawyer #Cohabitation #NigerianLaw

Question for the house: Do you think our laws should recognize long-term cohabitation as marriage, especially where children are involved?

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LawWithEbele(f): 2:25am On Apr 09
Vanguard, 7th April edition, reported how a wedding was called off because the bride allegedly refused to follow the groom to his church. Both were Christians but of different denominations.

This is a sober reminder of the need to address certain issues before saying “I do.”
Don’t assume all is well just because you’re in love. Infatuation fades, but the issues you ignore today may become the cracks in your marriage tomorrow.

Ask the hard questions:

What church will we both attend?

How will we handle finances, t or separate?

How involved will in-laws be in our decisions?

What’s our stance on parenting and discipline?

Are we on the same page about roles and expectations in marriage?

Most divorce cases don’t start with big fights. They begin with these “little foxes” that go unchecked and gradually eat away at the foundation.

So what’s your take, must a woman follow her husband to his church? Or should they both find a common ground?

What other important matters do you think couples should settle before tying the knot?

Let’s talk. You just might help someone avoid a broken engagement or a broken home.

3 Likes 1 Share

LawWithEbele(f): 10:19pm On Apr 06
Kobojunkie:
Doesn't your writeup insist that there are a total of 8 possible grounds for divorce? Nigerian divorce laws definitely have a long way to go. lipsrsealed

Thanks for your contribution. In statutory marriages, we have only one ground for divorce - that the marriage has broken down irretrievably. However, there are eight ways through which you can prove that a marriage has broken down irretrievably. Adultery and intolerability are some of the ways you show the court that the marriage has broken down irretrievably.

I have written a blog article on the grounds for divorce. For more insight on this, kindly click on the link below

https://www.elawfirm.ng/grounds-for-divorce-in-statutory-marriages-in-nigeria/
LawWithEbele(f): 12:49pm On Apr 06
muyico:
Sharia law or constitution law?? States also gat his own constitution
Or church doctrine?

This is for statutory marriages or marriage contracted in accordance with the provisions of the Marriage Act
LawWithEbele(f): 12:37pm On Apr 06
Wow, over 70 views already! Thanks to everyone reading. Do you think adultery should always lead to divorce in Nigeria? I’d love to hear your thoughts.
LawWithEbele(f): 10:45am On Apr 06
Last month, a woman came to my office heartbroken. Her husband had packed out of their matrimonial home and moved in with another woman. When she mentioned divorce, he told her, “Go ahead. Adultery is not a crime.”

That’s where many people get confused.

Yes, adultery is one of the legal grounds for divorce in Nigeria, but the court will not grant a divorce simply because adultery happened. You must also prove that living together has become intolerable as a result of the adultery. Also, you must the person your spouse cheated with as a party to the divorce petition.

So, it’s not automatic. You can’t just file for divorce because your spouse cheated especially if your marriage is a statutory marriage. Nigerian law requires more, and many people don’t know this.

I broke it down fully in this article:
[Read: Adultery and Divorce in Nigeria https://www.elawfirm.ng/adultery-and-divorce-in-nigeria/]


If you or someone you know is considering divorce on the grounds of adultery, please understand your legal rights and steps before taking action.

What’s your view? Should adultery alone be enough reason for divorce in Nigeria? Let’s discuss.

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