• Will wife have a claim to my house if divorced?

Me and my wife are having some trouble in our marriage and receiving counselling.
There is a chance of divorce in the future.
I might buy a new house soon. If I register the house on my name, and if we are divorced in the future, does my wife have a claim to the house after the divorce?

And, what happens if the house is registered on both of our names?
Asked 1 year ago in Family Law from United States
Religion: Hindu

Your wife does not have any right in your self acquired property during your lifetime.

She can only claim maintenance from you, if she is unable to maintain herself or earns less than you.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

Your wife has no share in your self aquired as well as ancestral property. She can only claim maintainance or alimony at the time of divorce

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

hello,

she cannot claim the house as you are the sole owner. but if you make her a co-owner then she can demand her share.

regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

1) If you go for divorce and property is purchased on joint name, than its depends upon wife what she claims

a) If she is living in that house she may denied to leave or vacant the property. She may ask to court to retain house with her.

b) If you both are living in foreign country and property is here in India than who ever want property can keep and the pay the 50% share to other party. Depends upon both who is going tp purchase the property.

c) It's better to purchase on your alone single name, till you are alive she is not entitled in your property and if you make WILL of you property than also she can't claim. Except your children can cliam property after you if you had not made any WILL.

2) Try to get Mutual Consent Divorce and you can insert your points in the terns and conditions.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

1) wife has no share in property standing in husband name

2) if house is registered in joint names wife can claim equal share in house

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

wife has no share in property standing in husband name after divorce

she can only claim alimony from husband in event of divorce

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

At the time of divorce if you own a property, though your wife may not claim the house but she, if not financially independent, claim an equivalent monitory maintenance amount for her future and sustenance. Hence the minimum you own at the time of divorce the better will it be exposed to be claimed by a claimant(here your wife). If the house is registered in both of your names, she is a co-owner irrespective of the relation you have, so you would need to avoid doing that.

Aniruddha Chakraborty
Advocate, Hyderabad
17 Answers

5.0 on 5.0

If the house is in your name only. Chance is very less depends on alimony demands raised by wife and courts discretion but courts will the capacity of husband and alimony evaluation is done on that basis most of the time.

But yes if house or any property purchased on both husband and wife' name then for sure she can get the right if she demands the share in property as per her title in the property.

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

If it is purchased in name of both, the both are owner.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1. Wife has no share in the property of husband as per Indian law.

2. However of any house is owned in joint names of you and your wife then whether marriage is dissolved or not she continues to remain its half share holder/owner.

3. If you buy the house in your own name then she has only right of residence therein.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Hello,

If you purchase it on your name then the wife will not have any legal claim over the house so purchased by you

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

It is however advised that try and go for mutual consent divorce. The wife may claim alimony citing the cost of the house so purchased by you.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Firslty, sir, I advice you to put hold on your purchase for the time being.

Secondly, as at place of alimony you may be asked to pay money plus a part of your property also.

Thirdly, there has been well settled law as if the amount which has been said to be paid to the wife as alimony, is not been paid by the husband then his property may also be taken into consideration.

In fact property shows his financial capability which may turn the alimony more.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

This is my response to you:

1. Since you have said you have Indian citizenship, therefore you need not worry;

2. A wife cannot claim property after divorce;

3. But if you buy property in your name then execute a gift deed or will in favour of someone close to you or your children;

4. This is because after your demise, your wife may try to stake claim.

Gowaal Padavi
Advocate, Mumbai
1819 Answers
2 Consultations

5.0 on 5.0

1. wife has a right only for maintenance

2. she cannot claim a share in the house of the husband or of his parents

3. it is advisable to have the registration done in your sole name

4. dont make wife the co-owner

Yusuf Rampurawala
Advocate, Mumbai
4448 Answers
25 Consultations

5.0 on 5.0

She can only claim residence rights. But sometimes court grant ailmony in form of house. But she is capable of earning then no.

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

1. If both of you are Indian passport holder and have married in India as per Hindu Marriage Act, then you shall have to file the divorce suit in India.

2. If you have married in the USA as per USA law, then you shall have to file the divorce suit in the USA as per USA law.

3. If you file divorce suit in India, your wife will have no share on the property held by you in your name but she can claim maintenance from you, if she is entitled to, and in that case any earning from your said house/property viz., rent, lease amount etc. shall be added to your net monthly earning from where she can claim maintenance.

4. If the divorce suit has been filed before the USA, then as per law of most of the states of the USA, she shall get 50% share of the properties acquired by you post marriage.

5. If you register the property jointly with her in India, she will be the title holder of 50% of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
22508 Answers
594 Consultations

5.0 on 5.0

If you have married in India as per Hindu Marriage Act, then she will not be entitled to any share of the properteis standing in your name as explained in details in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
22508 Answers
594 Consultations

5.0 on 5.0

No the wife does not have any claim on the property in name of the husband in India wife can claim only maintenance.

In case it is registered in both names she can claim her share in the house.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Yes Sir, still under India law wife has only right of maintenance from husband she doesn't have any claim on the property of the husband.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1. Under the existing law in India a wife has no share in the house of her husband, but she has the right to reside in it which she can enforce under Section 12 of DV Act. She can also seek alternate accommodation under DV Act,

2. If the house gets registered jointly then as a joint owner she will be entitled to 50% divided and undivided share in it.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Whether you divorce your wife or not, the proeprty standing on your name shall be yours alone and nobody can claim any share in it as a right hence you need not be worried about that aspect.

But dont register the house on the both the names jointly since she will be entitled to half share in it.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

We are in India. And, I am asking about Indian law.

It was the Indian law that had been explained in the previous post, you may go through the same.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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