Property entitlement at divorce

Assets are one of the main reasons for dispute when a couple separates. The country's lawmakers are considering granting women the right to their husbands' residential property if they part ways, irrespective of whether it was acquired before or after marriage. In the current draft of the proposed amendment, the wife's share will be decided by the court.

However, under the current laws, a woman seeking divorce is not entitled to any share in the husband's property. The ownership rests with the person who is holding the title. "If the property is bought by the husband while the two were together and he holds the title, the wife can make a claim if she can prove her equity in the property

Hello,

The property that you bought would normally not be included in the divorce and maintenance proceedings since your wife had already left the matrimonial home and initiated divorce proceedings. In recent decisions, the Supreme Court has held that an estranged wife has the right to expect the same standard of living that she enjoyed as when she was married. Since your wife did not enjoy the property during the course of the marriage while you were living together and cannot lay any ownership claims over it, since it is in your name. However, the family court may decide that any property you bought after the start of the divorce proceedings needs to be included to calculate the maintenance amount. Only then will that property be put into consideration. It is a good idea to engage a competent and reliable lawyer since the law is unclear on this point and you will need to contest her claim in court if she asks for the property to be included in the divorce proceedings.

Regards

Advocate Ashok Kumar; www.lawkonect.com