MARITAL PROPERTY RIGHTS IN NIGERIA: COMPARATIVE JUDICIAL EXPOSITION USING ENGLAND AND GHANA

MARITAL PROPERTY RIGHTS IN NIGERIA: COMPARATIVE JUDICIAL EXPOSITION USING ENGLAND AND GHANA

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CHAPTER ONE

Introduction

Background of the Study

The marriage is legally or officially recognized (matrimonium iure aurum officiellement reconnu) a man and a woman (or, in some jurisdictions, two people of the same sex) as partners in a relationship. However, marriage is the process by which two people make their relationship public, official and long-lasting. It is the unification of two people in a link (est in vinculum coniunctionis duorum) that supposedly until death hard, but in practice is increasingly shortened by divorce. Marriage is not half and half; (50/50) but divorce is half and half (50/50). Bill Doherty puts it this way, divorce is like subtraction, it is sometimes should be avoided as much as possible (est quod quando vitari shoulds quantum fieri potest), because it brings about a permanent disability. Of course, in a relationship that can last up to seven or eight decades, a lot is happening. Marriage should be 100-100. It does not divide everything in half, but giving all obtained. Personalities change, organisms age, and romantic love waxes and wanes (Doherty). And marriages are not free of conflict. This allows a couple to endure is how they manage conflict (hinc torques quomodo curo conflictu pati). It should be noted with interest that marriage is when a man loses his bachelor's degree and the woman gets her master's degree (Doherty). However, it was observed that the relationship is not all sunshine, but two individuals can share an umbrella during the storm together. , In addition, a great marriage is not perfect When the couple together. When it is an imperfect pair learns to enjoy their differences (Doherty).

Marital property defined as any property that does not fall under the definition of separate property (quod aliqua proprietas non cadit in definitione rerum separatarum), and is a property that is inherent by the parties in the course of the marriage, regardless of who actually owns the asset. Therefore a profitable curiosity, actual estate, bank books, retirement pension and specialized licenses are marital property and subject to equitable distribution. By the same token, prices of parts of injuries casing lost wages are marital property, as well as the appreciation of separate property if the spouse not entitled to contribution can show appreciation (Douglas Barics).

According to Investopedia, marital property is a legal distinction at the US state of assets of a married person. Property acquired by either partner in the course of the marriage is well-thought-out marital property. Marital property is property acquired by one partner despite the fact that they were married together. Marital Property (Duhaime) is also known as marital property, marital property or even domestic property, is very much a term of law and family law (Duhaime). Each jurisdiction has taken upon them to settle the ownership of property inherent by one or the other or both spouses earlier or during their marriage (Duhaime). This, in reaction to the far-reaching state of the common law that historically held the property of the woman to be that of the husband when legally married. In fact, the woman has ceased to be a legal person on marriage (much like Muslim law - see nashiza and nikah). It was only after her husband's death or divorce that the woman could recover any property she brought into the marriage or inherit throughout (Findlaw). A sound marriage is a partnership of equals. This idea is the basis of Act Marital Property Wisconsin, passed in 1986. This Act has advantages and pitfalls (Wisconsin).

Prophet Mohammad asserted that: The best of you is he who is best to his wife emphasizes that no believer should be angry with his wife. If some of his qualities are displeasing, there will be many other qualities worth appreciation. Charles Merrill puts it this way, if you die and leave much to your partner; you are taxed on it as if you left it to a stranger. You can give your partner than $ 11,000 as a gift, but if you are married, you can give your wife unlimited gifts (Prophet Mohammad).

Under regulatory reform worldwide, in both common law countries and civil law, a number of approaches have been implemented with regard to matrimonial property. The standard is to implement either an asset separation scheme (property acquired by either spouse is still owned by the spouse) or community property or community property regime (all property acquired during the marriage - except gifts - is equally owned by both spouses regardless of title or contribution) (Wisconsin).

In Nichols, Thomson Justice Civil Appeal Court Alabama wrote: "separate assets of a party is that the property on which it has exclusive control and from which it derives no advantage because of the marital relationship separate field. Parties to divorce proceedings include property owned before marriage and property received by gift or inheritance during the marriage. "Granting that the marital assets by and large take account of property procured or otherwise accumulated by the parties during marriage it may likewise take account of the property inherit before the marriage or received by gift or inheritance during the marriage when it is used, or the income therefrom is used regularly in the common interest of the parties during their marriage.” (Wisconsin)Some jurisdictions permit the court to mete out the marital assets in all cases, if the outcome would be prejudicial to one or the other, and for an assortment of reasons. For example, in a separate property jurisdiction, a woman can sacrifice her career to raise children, and, in case of divorce, be without assets (Wisconsin). In addition, some countries permit spouses indenture on the legitimate marital regime through a marriage contract or a pre- nuptial agreement. This type of legal definition exists primarily to protect the rights of spouses (Wisconsin). Generally, the spouse of the retirement account owner who resides in a community or marital status shall be the sole primary beneficiary of a selected investment account as marital property, except the spouse say-sos in writing to have someone designated as the primary beneficiary of a retirement account (Wisconsin).

In prospect concept, elementary sociology tells us the fact saying that the nuclear family is the basic social unit on which all other social and political institutions are based (Duhaime's). Much has been said and, in areas where public policy is debated and done, about the primacy of the family and the need to support and sustain (Duhaime's). But most of this discussion and concern forgot an inherent weakness in the family as an economic unit, at least in states that are common law States. Although family members may have assets and income, the family does not. As an economic unit, it is nonexistent (Duhaime's). And all the factors that contribute to the problems of the family, perhaps its economic weakness is most devastating. After three years of the study, the uniform law commissioners enacted the Uniform law on matrimonial property (UMPA) in 1983 (Wisconsin). For the first time, the family can be transformed into an economic entity that works. And, for the first time, it is possible to give more than lip service to the family as an economic entity. UMPA creates a classification of goods which are the property of the marriage, not the property of individuals. This classification of property consists of all property of the spouses, subject to certain specific exceptions which are private property (Duhaime's).

According to the legal dictionary, marital property is transferrable or fixed (unmovable) property owned by a spouse before marriage. During a divorce, property outside marriage is often referred to as “separate property,” and is not subject to the dispersal between the partners, but remains the property of the spouse who owned it before the marriage. There are other cases in which the property can be deemed non-marital property, these circumstances in different states (legal dictionary).

Civil rights of ownership, most states are legal ownership of affairs (Findlaw). So what does it mean to live in a state possession in common law? The word "common law" is modestly a term used to determine the ownership of matrimonial property (property acquired during the marriage) (Findlaw). The common law system provides that goods purchased by a member of a married couple is owned entirely and solely by that person (Findlaw). Of course, if the title or deed of a piece of property is put in the names of both spouses, however, while the property belong to both spouses (Findlaw). If the names of both spouses on the title, each owns a half interest. Example: If wife buys a car and puts it only in its name, this car belongs to one wife. If wife purchases a car and puts it in his name and the name of Marriage, then the car belongs to each of them. Who owns what property in a marriage after divorce or after the death of a spouse rest on if the couple lives in a common law property state or state community property (Findlaw). During the marriage, these classifications may seem trivial, but in the unfortunate event of divorce or death, these details become very important (Findlaw).

Looking at the factors that determine the marital property, equitable distribution is a method of division of property upon divorce (Wes). No. equitable distribution applies only to matrimonial property. Marital property is all property acquired during marriage (Wes). Matrimonial property does not include, on the other hand, property gained during marriage by gift, devise or descent, or property otherwise in a written agreement (Findlaw). These assets and all assets acquired before or after marriage are considered the separation of the acquisition of joint property (Wes). Illinois is not a state community property - it is a state "equitable sharing". Meaning that, the marital property and debts should not be split (fifty-fifty) 50 / 50. On the contrary, the law requires property to be divided "equitably"(Douglas Barics).. A lot of cases are set on with (sixty over forty) 60/40, (seventy over thirty) 70/30 divisions and some even point all marital property to one spouse (Douglas Barics).. The decision of the division of property of the court is based on a dozen factors set out in the law. The court shall cogitated "marital misdemeanors" to split property and debts. Although your spouse may have engaged in several businesses and destroyed the relationship, the property will be divided equally without recognizing the damage caused by these actions. Each factor the court must consider is listed below (Douglas Barics).

Wes Cowell, brought forth factors of marital property division:

·         The contribution of each party: 750 ILCS 5/503 (d) (1) the court must consider the level to which each party donated "to the attainment, retention or increase or decrease in value, property. Marriage or exterior marriage ... "Note the word" decline "in definition - expenses account as a negative contribution. All other things being equal, the party who brought the most income during the marriage should leave most active when it is done. By the same token, a quota that amasses a lot of debt should expect to leave with a lot of debt. Courts take this critically and add pennies. Distribution assessments percentages of fractions are not uncommon - 59.5%: 40.5% in a well-known case (Wes)

·         Agent's Fee: A subset of "contribution to marital property" part is the amount of a party happening on attorney fees in divorce. It is common in cases contested by the parties to pay their lawyers marital funds as the case goes. Some parties why they prefer to spend money on lawyers to see their spouses get. During the final division of the possessions, these disbursements are allotted to each side as a "decrease from the advance of the matrimonial real part [Y] under [750 ILCS 5/501 (c-1) (2)] that thwarts the strategy "I'd rather give-them-lawyers it to." (Douglas Barics).

·         Homemaker Contribution: The meaning of "contribution" takes account of "the support of a spouse as a homemaker or family unity." 750 ILCS 5/503 (d) (1) Illinois courts look weddings as "mixed companies.” that is, as business partnerships these companies take money, spend money, and keep a partner can go to work every day to make money while the other partner stays at home all day to spend money, keep house and raise children. Many instances say contributions of a homemaker is considerable and can be considered on an equal footing with financial contribution contributions (Wes). The home is not sure of anything. Sometimes (no children, the ugly home), it is the weakest argument in the arsenal of a good lawyer for the division of property. Several cases concluded that little or no property award must be made if there are no children and where chores essentially discard. In other cases where domestic and livestock child care were shared almost equally, the contributions of each partner to domestic support cancels the other. Call my office to maximize your settlement or test position (Douglas Barics)..

·         Formal Notice Required:  A notice of a request for dissipation must be filed with the court at least 60 days before the trial or 30 days after the discovery firm, whichever is later (Douglas Barics).

·         Retroactive limitation: claims of dissipation can come back only 5 years before the filing of the request for dissolution and is further limited by a "you-should-have-known-it-a-pass" rule of 3 years 750. ILCS 5/503 (d) (2) (iv) .Example: you have just filed for divorce in a marriage of ten years your spouse was wasting assets throughout (say game) at the beginning of wedding you.. Sometimes accompany your spouse to the casino, but you learned from the enormity of the problem and did what you could to stop it (Wes). This has led to frequent arguments you have discovered more evidence of waste of gambling losses. in divorce, the law allows you to ask the debauchery of assets wastage (gaming losses) back only five years - you can not return to the beginning of marriage your partner will contend that the debauchery should be limited to only the last three years because you knew or should have known, of debauchery and did not anything to stop it (Wes)

·         Previous Marriages: 750 ILCS 5/503 (d) (6) When distribution the Court must cogitate whether the assets one or both spouses receives or pays child support or maintenance as an obligation imposed by the court from a previous relationship. Agreements: 750 ILCS 5/503(d) (7)   Prenuptial and post-nuptial consensuses can be very malleable and very enforceable. A number of agreements identify specific items as non-marital property owned by one of the parties. Some agreements even exclude all property acquired during the marriage.  Pre- or post-nuptial consensuses may likewise call for cash disbursements to one spouse in lieu of property (Wes)

·         Situational status:  750 ILCS 5/503 (d) (8) the court must cogitate "the age, fitness, well-being, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and the needs of each party "in the assets and liabilities division (Wes)

·         Custodian: 750 ILCS 5/503 (d) (9) the court must consider the "custodial release provisions" for all children. This language preceded the 2016 amendments to the law (which eliminated "custody" in favor of "parental responsibility"). Although "custody" has been liquidated of the law, the court will at all-time go to the child rearing costs. It may be wise to try to keep the children at home and, therefore, one parent may be awarded the house in the property division. See, No. 5, above (Wes)

·         Maintenance: 750 ILCS 5/503 (d) (10) before 1993, the court may grant alimony if the property division could not achieve financial equity between the parties. Illinois law has changed since then and today the court may make a maintenance award instead of, or in addition, property division (Douglas Barics). Courts as a goal, however. They do not want to see the parties to return a few years later to have a different battle. Make a disproportionate division of the property may avoid the need for maintenance. In doing so, the court confiscates the jeopardy that to some degree goes wrong (Douglas Barics). Those required to pay maintenance sometimes fail to pay the exact amount, they fail to pay on time, or they fail to pay at all (Douglas Barics). Recipients sometimes accidentally precipitate dissolution events. New circumstances slaughter a party that might warrant modification, suspension or termination of maintenance. All this uncertainty can be removed by a division of property disproportionate and maintenance denial (Douglas Barics).

Classification of marital property proposed by Douglas Barics, Douglas said once all property has been identified, the next step is to classify each asset as either marital or separate. (J.) Separate property is defined under DRL 236 B(1)(d) by Douglas Barics as the following:

• Property gotten before marriage

• Property gotten by inheritance, the descent (ie , inheritance )

• Gifts to a spouse of someone other than the other partner. Though, it is repeatedly disputed whether a gift was in one or both spouses, the latter making the marital property.

• Compensation for personal injury cases, but only the part that is punitive damages and pain and suffering.

• Separation of property acquired in exchange for separate property.

• Appreciation of separate property will be considered separate property if the spouse is not entitled to contribute appreciation.

• Designated as separate property by a marriage contract validly executed as defined in DRL 236 B (3).

Statement of the Problem

The problem of the violation of women's rights in the international system has attracted worldwide attention , which had given rise to various attempts by international organizations , women's groups , national governments and agencies to proffer lasting solutions.

Marriage is an institution, even if sometimes it can feel like a mental institution (Susan Brown). When one partner feels the other is juvenile, immature, treacherous or egotistical, domestic dynamics will collapse, destroying intimacy and sexual attraction. A spouse will be "off".

Home violence is the most thrilling version. There is often no detachment back, so it is important to recognize and begin marriage counseling before the breaking point. A marriage counselor can not make a connection, that firming (Susan Brown). Once marital glitches are not fixed to the contentment of both the built resentment - and this wears away marriages (Susan Brown). Decipher and solve a problem with the compromise is more essential than being "right." People who can not agree to take responsibility are destined to failure in marriages. Everyone is narcissistic to some extent, but it's a problem when partners fail to empathize with each other and instead compete on issues such as who works hard, who devotes more time with the families, who have had a problematic day. When partners do not include the contribution of the other, each will adopt the other easier and feels understood. Habit will always be a primary objective hooked over marriage and family, and their partner feels angry and embarrassed by their lack of consideration for others. If a user can not stop their negative habit they will blame their partner, who may try to keep the marriage together for a while - expressly if children are convoluted - but will sooner or later give up if there is no recovery. The minute another argument about the reluctance to have children following hot on the heels of a combat laundry forgot to do so; it is natural to feel like one is going a little crazy. It is rare that the couple does not work in a few bumps in the road. If recognize on time, conversely, that these marital problems may be, there will be a much better chance to get ahead.

Even when a marriage has its ups and downs, happy couples have learned to manage the bumps and keep their love life going. The most frequently reported marital problem is by far the communication. This can be one of the more generally and more challenging to define as concerns marriages and relationships. It tends to have many different meanings for each of us. To really know each other, we must be prepared to see the world through their eyes, not just ours. If we listened and we spoke about, actually connecting would take care of itself (Susan Brown). A common cause of poor understanding of marriage is unresolved baggage of the other. This is just how old baggage can follow us in ways we can not be aware of (Susan Brown). There are many more, including our preconceived ideas and experiences of sexuality, the right way to raise children, how one relate to and manage money, and self-esteem. Sometimes when spouse are in bed with partner, it can be really crowded invisible with unwanted visitors. One of the saddest set-ups in the relations between them in with all kinds of expectations and then over the years, feeling disappointed again and again that they are not met. Part of this problem is the childhood baggage.

However, we must be prepared to look closely and honestly ourselves to see if they are truths about us (Susan Brown). Not everyone is ready to do so. To really understand what you see in another, you must first reach a mirror and understand what you see there (Susan Brown). Sex is one of the most common areas of conflict in many marriages, but makes no mistake; it does not stand alone (Susan Brown). Excluding any physical or medical causes of difficulty, it is usually in some way a reflection of the state where the relationship is. For example, if communications have become hostile and withholding (for purposes of punishment or defense), that the hostility manifested sexually as well.  Chronic disappointment and unfulfilled expectations may arise in a serious loss of intimacy in a relationship. Not being able to identify what are the expectations, not least clarify, and makes things even worse. If there is a lack of privacy with regard to basic friendship in the relationship, it is also expressed (or not!) somehow in the room. Resentments are the number one killer of all marriages. They are a slow poison, undermining the love, trust and mutual respect that you may once have had with each other. It is essential in the treatment of relationships to discover these resentments often unknown or unspoken. If you have been forgiven for your "falls from grace" in life, you know how powerful a healing experience, it is. As far as the resentments are poisonous to a relationship, ownership and mutual forgiveness is his salvation. Assets and liabilities part of a divorce or legal separation is often so complex and the cost of making a mistake is so high that one should talk to an attorney before file papers, especially if one have something of value (or if you have a large debt). Keep in mind that you may not need to hire a lawyer to take on all of your divorce or separation, simply the property and part of the debt of your case.

Divorce not only ends the partnership between spouses, but may also require that the property previously shared by the couple split. While the property owned by a spouse before marriage can remain the property of the original owner, most things acquired after marriage (community or marital property) and before the separation are often subject if the division of divorced. This section includes resources to help people divorcing determine how property should be divided, what happens to the common debt, how to find hidden assets, what happens to the family home, the effect on the fonts insurance, and more. A checklist of the division of marital property and shape of the sample property settlement agreement are also included.

Aims and Objective of the problem

This study aims to examination of marital property rights in Nigeria: comparative judicial exposition using England and Ghana. To achieve the objective of this study, the following specific objectives were enunciated:

Ø  To ascertain the extent Nigeria has complied with the international legal provisions protecting the marital property rights

Ø  To assessing the state of marital property rights in Nigeria and juxtaposing with England as well as Ghana

Ø  To identifying the factors that led to the international legal documents that protect the marital rights of property

Research Questions

To achieve the stated objectives, research questions to guide the study are:

·         What factors led to the international legal documents that protect the marital rights of property

·         What is the state of marital property rights in Nigeria and juxtaposing with England as well as Ghana?

·         To what extent has Nigeria complied with the international legal provisions protecting the marital property rights?

Justification for the Study

Traditionally, two matrimonial rules and maintenance rules were justified in broad and vague terms such as "solidarity," "community," "equal dealing", "partnership" etc. As some families consisted of only one breadwinner and rarely had divorce place you can l


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