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The short answer
You can put Nigerian property in one name or in both names; for a couple buying together, both names on the deed of assignment and on the consent or C of O is the clearest record of joint ownership. Ask your Nigerian lawyer to state in the deed how you hold it and in what shares. If you later divorce in England, GOV.UK says you must agree how to split property, savings and investments, and make the deal binding with a consent order, but its guide does not deal with land abroad, so get advice in both countries.
Many couples in the UK buy their first Nigerian property together: a plot in Ibeju-Lekki, a flat in Gwarinpa, a house for the family in Enugu. The money often comes from both salaries, or one spouse pays the deposit and the other pays the instalments. The question of whose name goes on the title is usually settled in a hurry at the lawyer's office. It deserves more thought, because the title is the record that matters if one of you dies, if you separate, or if you sell.
The options for whose name goes on the title
| Option | What it records | What to watch |
|---|---|---|
| Sole name | One spouse is the legal owner | The other spouse's contribution is not on the title; keep proof of who paid what |
| Both names, equal shares | Joint ownership, 50/50 | Both must sign any later sale, mortgage or transfer |
| Both names, stated shares (for example 70/30) | Joint ownership in proportion to contributions | The shares must be written in the deed, not just agreed verbally |
| A company or trust you both control | The vehicle owns the land | More cost and paperwork; usually only worth it for larger or rental portfolios |
The Land Use Act matters whichever you choose. Section 22 says the holder of a statutory right of occupancy may not assign, mortgage or otherwise transfer it without the Governor's consent first obtained, and section 26 says transactions contrary to the Act are void. So the names on your deed of assignment should be the same names that go into the Governor's consent application. Adding a spouse later is a fresh transfer that needs its own consent, stamping and registration, with fresh fees. In Lagos, a practitioner note on Legal500 says instruments must be stamped within 30 days of execution and registrable instruments registered within 60 days.
Joint ownership: say how you hold it
English law distinguishes owners who hold as joint tenants (the survivor takes the whole property) from tenants in common (each share passes under the owner's will). GOV.UK's probate guide notes that in England property owned as joint tenants passes automatically to the surviving owner. Do not assume a Nigerian registry or court will read your deed the same way. Ask your Nigerian lawyer to write into the deed, in plain words, whether the survivor takes the whole and, if not, each spouse's share. Then make wills that match.
If the marriage ends in the UK
GOV.UK's guide to money and property on divorce (public update 11 February 2025) says you and your ex-partner need to agree how to split pensions, property, savings and investments. If you agree, you apply for a consent order to make the agreement legally binding; if you cannot agree, you can ask the court to make a financial order. The divorce application itself costs £628, according to the same page.
The GOV.UK guide is silent on property outside the UK. In practice that leaves two separate questions for lawyers: whether the English court will take the Nigerian property into account when it divides your assets, and how any order would be carried out on a title registered in Lagos or the FCT. A transfer between ex-spouses in Nigeria is still a transfer under the Land Use Act, so it would need consent and registration there. The cleaner your records, the easier both questions become.
Records that help in any dispute
- The deed of assignment, survey plan, receipts and consent papers, in both names if both own.
- Bank statements showing each spouse's payments from the UK and in Nigeria.
- A short signed note between you recording who paid what and the agreed shares, if different from the deed.
- Copies of every document held in the UK, not only with family in Nigeria.
Tax points to know
For UK Inheritance Tax, GOV.UK says there is normally no tax on what passes to a spouse or civil partner, and the standard threshold is £325,000 with 40% charged above it. A UK-based person's worldwide estate, including Nigerian land, can count. Rental income from the property is foreign income that UK residents normally report through Self Assessment, per GOV.UK's page on tax on foreign income; if both of you own, each reports their own share. This is general information, not tax advice.
Worked example
Example only. Chika and her husband Tom, who live in Leeds, buy a ₦60,000,000 house in Abuja. Chika pays ₦42,000,000 and Tom ₦18,000,000, which is 70% and 30%. Their lawyer drafts the deed in both names as owners in shares of 70/30, the consent application uses the same names, and each makes a will leaving their share to the other. If they sell later for ₦90,000,000, the gain before costs is ₦30,000,000, which splits ₦21,000,000 to Chika and ₦9,000,000 to Tom, and each reports their own share in the UK.
Steps
- Agree, before you pay, whose names go on the deed and in what shares.
- Instruct a Nigerian property lawyer to run title checks and draft the deed accordingly; see hiring a Nigerian property lawyer from the UK.
- Make sure the Governor's consent application uses the same names; see Governor's consent for diaspora buyers.
- Pay from accounts that show who contributed, and keep the statements.
- Make UK and, if advised, Nigerian wills that match the title.
Where Pryme fits
Pryme accounts hold pounds and naira side by side, and payments to the seller or lawyer show on your statement with the payee and date. You can also generate a verifiable statement or receipt through VerifyDoc.ai, which anyone can check is genuine and unaltered; see verifiable receipts. A clear record of who paid what is the evidence lawyers ask for later.
Questions people ask
Can my British husband be on the title of my Lagos property?
Your lawyer can draft the deed in both names. Whether any extra approval applies to a foreign spouse is a question to put to the lawyer and the state lands registry before you pay.
Should we buy in my name only to keep it simple?
It is simpler on paper, but your spouse's contribution is then not on the title. If you do this, keep a signed record of who paid what.
Does a UK divorce automatically split our Nigerian house?
No. GOV.UK says you agree a split and make it binding with a consent order, or ask the court for a financial order. Carrying that out on a Nigerian title is a separate transfer that needs consent and registration there.
Can we add my wife's name later?
Yes, but it is a new transfer under the Land Use Act, needing Governor's consent, stamping and registration, so it costs more than doing it at purchase.
Sources
- Land Use Act, Cap L5 LFN 2004 (PLAC Laws of Nigeria) · accessed Oct 2026
- Legal500 (Tope Adebayo LP): Governor's consent in Lagos, stamping and registration · accessed Oct 2026
- GOV.UK: Money and property when you divorce or separate (public update 11 Feb 2025) · accessed Oct 2026
- GOV.UK: Applying for probate (public update 8 Nov 2024) · accessed Oct 2026
- GOV.UK: Inheritance Tax (updated 30 Sep 2026) · accessed Oct 2026
- GOV.UK: Tax on foreign income (updated 1 Oct 2026) · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.