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Can the wife claim property after divorce?

When the Marriage Laws (Amendment) Bill was moved or proposed by the United Progressive Alliance (UPA) government led by Congress in 2010 in the Rajya Sabha, couples were hopeful that their exit from their troubled marriage would be easier in comparison with the legal wrangling previously. If the Bill had passed, separated couples would have been able to seek divorce under the plea that the marriage cannot be revived or the rift is irreconcilable. This Bill also alluded to getting rid of the six-month mandatory cooling period followed by a year of separation prior to couples filing for mutual consent divorce. There were those with dogged determination opposing the move citing far-reaching negative consequences, a Parliamentary Standing Committee, suggested the addition of a new clause in the draft, that as far as property rights women can stake a claim to the property of their former husbands.The committee was of the opinion that women with property rights staking a claim on their former husband’s property would result in monetary implication which may deter former husbands who might be misusing the provisions of the clause that the Marriage is beyond redemption. The committee also let the courts decide what ought to be the ex-wife’s share in the ex-husband’s property. According to the Hindu law that is currently in effect, as any property lawyer would advise, a woman can rightfully stake a claim on her ex-husband’s property only after the ex-husband passes away. As marital bonds are deemed sacred and eternal, there aren’t any strong arguments in the current property law should a couple decide to split. They qualify for maintenance only. Any possible inheritance of the ancestral property of an ex-wife’s husband in future, as well as self-acquired property, would be excluded from the settlement. Only in the case of a jointly-owned property that an ex-wife can stake a claim while getting divorced which could be quite mind-boggling.The owner of the property actually is the person in whose name the property has been registered. In other words, in the eyes of the law, he is the actual sole owner. If the husband’s name is on the property registration documents then he is the one and only owner. Any possible claims of the ex-wife of having contributed to purchasing the property would have to be proven in a court of law. If the property was purchased using the ex-wife’s savings, the details of her account as proof would suffice. Alternatively, if she pays her monthly EMIs then it would be visible on her bank statement. If that is indeed the case, then the contribution made by each party would be decided by the court and the property would be divided accordingly. In case of the property registered in the ex-wife’s name only, she would be the sole claimant of the entire property during settlement. If the ex-husband’s contribution can be proven, the court in all likelihood order partitioning of the property according to the facts presented before the court. If in case both the ex-spouses are joint owners of the property, it would be prudent to finalize their shares according to their contribution in purchasing the property and partitioning it accordingly. The other option is selling the property and sharing the sale proceeds. If a loan as co-applicants was taken to purchase the property the estranged couple would need to split their liabilities including loan repayment, as well. The couple may decide to offload the property or a co-applicant might want to transfer the loan in their own name and be liable to pay off the loan after buying out the share of the other party. One ought to be aware of the fact that the bank would assess or analyze the whole situation prior to permitting loan transfer to a single person as the very basis of granting the loan was that the couple was found to be eligible on the basis of combined repayment.  For a detailed discussion with a lawyer of your choice you might want to contact Vidhikarya Legal Services where you would be connected to best lawyers. 

Posted By

Avik Chakravorty

1 week ago

What Do I Need to Know About Alimony Before Divorc...

Divorce for anyone is a harrowing experience and therefore unpalatable and more so if it’s an acrimonious divorce settlement when contested. In case of divorce alimony payment is known as "spousal support" or "maintenance” are alive and kicking in the Indian divorce system. Moreover, if a spouse’s earnings are considerably more than the other spouse then in all likelihood the spouse with higher earnings would have to make alimony payments. Conversely, if the duration of the marriage is short or if both spouses’ earnings are nearly the same then in such cases the spouses are exempt from making alimony payments. If alimony is decreed, then a specified amount would have to be paid on a monthly basis until:a judge sets a date several years into the future remarriage of the ex-spouse happensa full-time parent at home is not needed any longer the judicial verdict is that even after a considerable period of time, the spouse’s efforts have not been sufficient to at least be able to partly support oneself  any other major event like retirement occurs, which would convince a judge that the amount to be paid ought to be modified either one of the spouses diesSimilar to the vast majority of issues in one’s divorce, spouses can either agree or disagree on the time period of alimony payments. If there is any sort of disagreement a court would step in and the terms would be set for both spouses. Unfortunately, a court making the decision would mean a costly and time-consuming trial is about to unfold.If alimony is expected to be paid Since the ex-spouse has to be paid alimony does not necessarily mean the spouse paying alimony is an evil person. Alimony payments ought to be accepted as another cost component of marriage that a spouse may have been under the impression that the marriage is on firm footing and rock-solid so to speak but in fact, turned out to be on shaky grounds when spouses may have least anticipated causing the chasm among spouses. While alimony payments have been infrequent in recent times that isn’t any indication that alimony payment orders would be stopped forever. If alimony is expected to be receivedA good indicator of as to whether or not one fulfills the eligibility criteria for receiving alimony is earnings capacity of a spouse which isn’t necessarily the earnings of the spouse at the time the spouse files the lawsuit; the living standards while married are also taken into consideration.  Changes may have to be made in one’s life and work. If, for example, a spouse works part-time and the job is not a well-paying job then it may be required that the spouse attempts at finding full-time employment in a domain with considerably better pay. “Vocational evaluators" are experts who are hired at times for reporting purposes to the court on the job prospects of a spouse who may not have been fully employed for some time. Vocational tests would be administered by the evaluator and then they would share the credential of the spouse with prospective employers so that the earnings potential of the spouse can be estimated.  Taxes and Alimony RecordsAs of now, the paying spouse qualifies for tax-deductible alimony which is actually taxable income for the dependent spouse. This is one amongst numerous reasons for maintaining adequate records whether one is either paying or receiving alimony. Point to be noted neither will alimony payments be tax deductible any longer nor will alimony be included in the gross income of dependent spouses. There was not enough emphasis on this point until this year. Often disputes among spouses persist even after divorce regarding the amounts paid or received in actuality. If documentation is inadequate, then the spouse paying alimony would be ineligible to claim an alimony tax deduction. Alternatively, the court may order alimony or maintenance payments in arrears to be fulfilled based on the other spouse’s claim before the court. If there is a refusal to pay from one’s spouse Last but not the least, if a court order for  alimony payments has been secured by a spouse but the other spouse is unwilling to make the necessary payments, taking immediate legal action is the way to go for enforcement of the order through either a “contempt” proceeding or through an “earnings assignment order.” Orders of paying alimony every month are binding and, if deftly managed, is enforceable resulting in the likelihood of obtaining payments regularly. If required, the court may order sentencing of a reluctant payer to demonstrate that a court order is to be obeyed.A top divorce lawyer on Vidhikarya Legal Services is adept in advising its clients on everything that they need to know about  Alimony prior to divorce.  

Posted By

Avik Chakravorty

1 week ago

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Chirag Shaikh

Advocate
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Vadodara , Gujarat

Specialization

  • Divorce
  • Power Of Attorney
Love what I do and that's give justice to clients, And fight for truth. View Full Profile
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