• Husband rights in wife assets in divorce

My wife is living separate from me from last three years along with my daughter. She don't want to live with my parents and wants me to get separated from them.
She earns more than me and have a property purchased by her in her name.
Can I claim a share in property at time of divorce?
Asked 7 years ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

1)you have no share in property standing in your wife name at time of divorce

2)you can stay with your wife near your parents residence

3) you can visit your parents daily if you so desire

4) if no reconciliation is possible divorce by mutual consent is best option

Ajay Sethi
Advocate, Mumbai
98914 Answers
8044 Consultations

Neither of the spouses has right of share in the proeprty of another.

So remove this idea from your mind.

Try to save your marriage fast.Go and stay with your wife for some time to sort out the disputes, if any

Devajyoti Barman
Advocate, Kolkata
23575 Answers
533 Consultations

The valid asset which you can claim legally is your daughter. you have no right over all other assets earn by you wife .

Ajay N S
Advocate, Ernakulam
4115 Answers
114 Consultations

File a petition for restitution of conjugal rights for you have been abandoned by your wife without any sufficient cause.

If you're able to demonstrate that you're in a disadvantageous position at time of divorce, the Court may Grant you something or the other. However, this is extremely rare.

Vibhanshu Srivastava
Advocate, Lucknow
9742 Answers
320 Consultations

Hi, a husband do not have any legal rights in the property purchased by her wife from her own income

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. No. You can not claim any share of her property which she has purchased out of her own earning in her name at the time of divorce or at any time whatsoever.

2. Similarly, she also can not claim any share of your properties at the time of divorce or anytime during your life time.

3. If any of you die before obtaining the decree of divorce, the living spouse will inherit the share of the dead partner.

Krishna Kishore Ganguly
Advocate, Kolkata
27606 Answers
726 Consultations

No you can not claim share in the property that belongs to your wife.

Even if it is suggested that you can, then the same will just amount to waste of time and money.

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

If no reconciliation is possible then I advise you to file a petition for mutual divorce and settle the dispute on mutual terms and conditions.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

If she is living separately away from you it can be considered as desertion.

You can file a divorce petition on the same grounds.

You cannot claim any share in her property.

T Kalaiselvan
Advocate, Vellore
89116 Answers
2436 Consultations

1. Neither spouse has a share in the property of other. So you cannot claim it.

2. You can though claim litigation expenses from her.

Ashish Davessar
Advocate, Jaipur
30830 Answers
977 Consultations

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