Buying Property with Your Spouse: Joint Title Explained

TL;DR: Buying in both names in Lagos is done through the deed: you take title either as joint tenants — where the surviving spouse automatically owns the whole property — or as tenants in common with stated shares. For most married couples buying a family home, joint tenancy is the clean answer; couples blending children from previous marriages or unequal contributions often need tenancy in common plus wills.

"Put both our names" — what that legally becomes

A Lagos purchase completes with a deed of assignment (or the relevant transfer) that names the buyers. When two spouses are named, the deed should state how they hold:

Joint tenancy. Both own the whole, undivided. If one spouse dies, the property passes entirely and automatically to the survivor by right of survivorship — outside the will, outside probate for that asset. The marriage home stays with the surviving spouse without a registry fight.

Tenancy in common. Each spouse owns a stated share — 50/50, 70/30, whatever matches contributions. On death, that share falls into the deceased's estate and is distributed under their will or intestacy rules. Crucial where a spouse wants their share to reach children from a previous marriage, or where contributions were heavily unequal and both sides want the paper to say so.

If your deed just lists two names without stating the nature of the holding, you have bought ambiguity. Nigerian courts then have to infer intention from the deed wording and surrounding facts — an expensive way to learn drafting.

Why this matters beyond romance

• Death without wahala. Joint tenancy moves the home to the survivor immediately. Without it, a widow or widower can be waiting on probate while in-laws discuss "family property."
• One signature cannot sell. With both names on title, neither spouse can validly sell or mortgage the whole property alone — the buyer or bank needs both parties (or a court order). That is protection, and also why lost contact with a spouse can freeze an asset.
• Mortgage files. Banks lending to couples will take the mortgage from both title holders. Decide the structure before the bank's lawyers draft.
• Blended families. Joint tenancy's automatic survivorship can unintentionally disinherit children from an earlier marriage. Tenancy in common plus updated wills is the deliberate version.

The practical steps

1. Decide the structure with a lawyer before the deed is drafted — survivorship versus shares is a two-minute conversation that decides decades.
2. Names exactly as on your IDs. The deed, consent application and registry records should use consistent full names for both spouses; clean up any name variations (maiden/married names) with a sworn affidavit where needed.
3. One consent, one perfection. The Governor's Consent and registration proceed on the transaction as usual — budget the standard Lagos package (around 3% of assessed value across consent, capital gains, stamp duty and registration).
4. Wills that match the title. Whatever sits outside the property — and each spouse's separate assets — still needs wills. Joint tenancy handles one asset automatically, not an estate.
5. Keep the file. Registered deed, consent copy, survey and receipts, stored where the surviving spouse can actually find them. A fireproof folder and scanned copies with your lawyer is not paranoia; it is the system.

Common mistakes I watch couples make

Buying in one name "for now" and planning to add the spouse later — later means a fresh deed, fresh consent fees and stamp duty on a second transfer. Doing it once, correctly, is cheaper.

Assuming customary or church marriage automatically shares property. It does not. Property rights in Nigeria follow title documents and the applicable law, not the wedding. If your name is not on the deed, your claim runs through courts and contribution evidence — a bad road.

Forgetting that joint title does not cover assets bought before, or accounts and land elsewhere. The full picture needs wills on both sides.

This is general information on how joint title works in Lagos, not legal advice. Take your specific structure to a property lawyer before signing.

Frequently asked questions

What is the difference between joint tenancy and tenancy in common for couples?

Joint tenants own the whole together — the surviving spouse automatically takes everything. Tenants in common hold stated shares that pass through each spouse's estate on death.

Does my spouse automatically own half of a house bought in my name?

No. Title follows the deed. A spouse not on the title has no automatic registered share, whatever the marriage — claims would have to be argued on contribution and law, usually in court.

Can one spouse sell a jointly titled house alone?

Not validly. A buyer or bank requires all title holders to execute the transfer or consent to it. That is precisely the protection joint title gives.

What happens to our joint-tenancy home if one of us dies?

The surviving spouse becomes sole owner automatically by survivorship, without that property passing through probate. Other assets still follow the deceased's will or intestacy.

We contributed differently — can the deed reflect that?

Yes. Tenancy in common lets you record exact shares (for example 60/40) in the deed, and each share then follows that spouse's will.

Related reading

• Buying Property in a Lagos Estate: Rules, Fees & What to Ask
• Buying Property in Lagos from Abroad: The Complete Diaspora Guide
• Buying Land in Ibeju-Lekki: Title Guide (What's Safe, What's Not)
• Buying Property at Auction in Nigeria: Bank & AMCON Sales