Since you have applied for divorce in USAany property acquired after marriage would be split equally among husband and wife

You have 50 per cent share in property

3) you can sell the property and divide sale proceeds equally

If you have gotten American Citizenship then, properties acquired in India cannot be included into the settlement in a divorce proceeding in America. If you are in the process of acquiring citizenship, then both husband and wife can come down to India to the place where the marriage was solemnized and then file for a mutual consent divorce and include all the properties that you own both individually or jointly into the divorce settlement and file a MOU expressing how you wish to settle the issues affecting the properties amicably. Divorce would be granted within a period of 6 months from the date of filing the petition

If you are residing in USA and filing for divorce in USA you would have to comply with US court orders for division of assets acquired after marriage equally between the parties

Then in that case do not subject yourself to the jurisdiction of US Courts for divorce, both husband and wife come to the place where your marriage was solemnized and file for a mutual consent divorce which would make it more easier to amicably resolve the properties that are owned by you in India.

1. Wife has no share in the proeprty of husband.

2.However if her name is appearing in the title deeds then the wife is considered to be its half owner.

3. Do note that decree of divorce granted in USA would not be valid in india of disputed by either of you.

You can sell the property and divide the money accordingly

1. You two are still citizens of India and are governed by Indian Law.

2. Foreign decree of divorce is not acceptable in India unless it is acquired on grounds acceptable by Indian Law and in that case also you shall have to get the foreign decree of divorce validated by the local District Judge by filing an application for the said purpose.

3. If you do not get decree of divorce in India or get the foreign decree of divorce validated by District court in India, you two shall be considered to stay as married couple which please note.

4. So, it will be prudent on your part to jointly file a Mutual Consent divorce petition in India which will be disposed of within 6 & 1/2 months from the date of its filing.

5. You both can get the MCD petition signed abroad and get the signatures notarised by the appropriate officer of local Indian consulate and send the same to India for filing before the appropriate family court by your lawyer in India.

6. Both of you shall have to appear personally before the Court on the final day called the day of the 2nd motion to submit that you still want divorce and in that case decree of divorce will be issued by the court on the same day.

7. As per Indian law, wife can not claim his property, even while staying in marriage, during the lifetime of the husband.

8. So, the property standing in your name can not be claimed by her in India.

9. The property standing in her name will be owned by her and the jointly held properties in India will be shared by both of you.

Yes, you are still considered as Indian Citizen who are governed by Indian Law.

I was married in India 13 years back, living with my wife and children (2 boys) in the US.

During these years, using income from US we acquired property in india (registered in individual name's)

We are in the process of getting a divorce in the US. How to we settle on the property owned in India?

If you are planning for divorce in US then you may have to give the property equally to her which was bought after the marriage.

You can better go for mutual consent divorce in India wherein you dont have to give any property to her as a rule or law unlike US laws which makes the law to give equal share in the properties acquired post marriage.

You may decide because in US you both have to declare your respective assets, whereas in India they are not being followed.

We have green card but citizenship is 4 years away.

Such disputes may put an embargo or create an obstacle to the proposed divorce case, so you can play a safe game.