Rents on Ancestral Property during divorce
5 years ago
Hello
We are going thru a divorce after 22 years. My ex-wife has ancestral property that was transferred to her name just before our marriage. She has been using rental income on the property for various personal expenses as well as a partial downpayment on an apartment we purchased jointly (The loan was secured bacause of my salary and ever since been paying EMIs every month) after 12 years of marriage. The property is in India. We live in USA.
Now she claims the Apartment is hers because initial downpayment is made with rental income from Ancestral property. Is she legally correct?
NILANJAN CHATTERJEE
Responded 5 years ago
You can claim entire property since wife as no claim on such property. She is entitled for only alimony or monthly maintenance and not share. Take phone consultancy.
Anonymous
Replied 5 years ago
Hello Sir,
I wanted to seek some clarification as I am not sure if I understood your response. Here are the details restated.
1) My soon-to-be ex-wife had rental income on Ancestral Property(in 2008). She paid it as a partial downpayment for an Apartment for which I had got a Loan (which is on both our names), and Apartment is registered on both our names. Monthly EMIs are paid from an account with both our names.
2) So I am thinking we both have equal rights on the Apartment even though initial downpayment came from her income on Ancestral property.
3) General question is: Is income on Ancestral property treated as joint income or separate income. That is, do I have a right on half of my wife's income on her Ancestral property.?
Appreciate your help.
Manjula Shanmugasundaram
Responded 5 years ago
Mohd Imran
Responded 5 years ago
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