An Assessment of the Rights of Cohabiting Couples Under Nigerian Private Law

Cohabitation without formal marriage is a growing social reality across Nigeria, yet cohabiting couples remain largely unprotected under Nigerian private law, which provides no statutory framework for the recognition of cohabitation rights. This study assesses the legal rights, if any, available to cohabiting couples upon relationship breakdown, focusing on property rights, maintenance obligations, and inheritance entitlements under applicable legislation and case law. Using a doctrinal methodology, the research analyses the relevant provisions of the Matrimonial Causes Act, the Administration of Estates Law, and customary law traditions, comparing the Nigerian position with more progressive frameworks in South Africa, England, and Canada. The study is grounded in interviews with 20 family law practitioners and 40 cohabiting couples drawn from Lagos, Abuja, and Enugu to understand both legal perceptions and practical realities. Findings reveal that cohabiting partners have no enforceable claim to property, support, or inheritance upon relationship breakdown unless they can establish a constructive trust or proprietary estoppel, and these doctrines are rarely litigated in Nigeria. Recommendations include the enactment of a Cohabitation Rights Act, adoption of a registered partnership scheme, and public education campaigns to inform cohabitants of their limited legal protection. Keywords: cohabitation, unmarried couples, property rights, family law, legal reform