• Can I purchase a house when a divorce case is going on

I have filed a petition for divorce in Aug 2014 on desertion. The issue is going on in the family court. Now, i wish to purchase a flat by taking a housing loan. I have read that wife is entitled to 50% of husbands property. Please guide me in this regard. Is she entitled to 50% of it even if i purchase the house by taking a loan and she has no contribution whatsoever.
Asked 2 years ago in Family Law from Guntur, Andhra Pradesh
Religion: Hindu
Hello,

1) There's nothing that should stop you from buying a house while your divorce proceedings are in progress.

2) No law has been enacted that allows 50% property to wife so far.

3) If you buy it on your own on a personal loan no one can stake a claim. Your wife is entitled to share accommodation or separate of she approaches the court. So make a considered decision.
S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
5.0 on 5.0
1) there is no such law that wife is enttiled to 50%of husband property .

2) if the house is purchased in your name you are the absolute owner of the house . 

3) wife can under provisions of domestic violence act claim right to stay in her matrimonial home 
Ajay Sethi
Advocate, Mumbai
26099 Answers
1419 Consultations
5.0 on 5.0
1) it would be better if you purchase the house after your divorce is finalised 

2)in the event you still want to purchase the house you are free to do so and give it on rent
Ajay Sethi
Advocate, Mumbai
26099 Answers
1419 Consultations
5.0 on 5.0
Hi, as there is proposal from the law commission that wife will be able to grt 50% share of husband property it is only a proposal parliament has not passed law.

2. You can free to buy a property you need not bother much.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
She has no right of share in the flat as per current law. However she can claim for right of residence or even crete encumberance or seek injunction against its transfer by a proceeding under PWDV Act.
So buy it secretly so she may not know its existence.
Devajyoti Barman
Advocate, Kolkata
6469 Answers
71 Consultations
4.9 on 5.0
1. Where did you read it? Under the present law the wife has no share in the property of her husband. A bill seeking to give an equal share to the wife is still pending in the Parliament.

2. You are absolutely free to purchase the property. Your wife will have no right to claim any share therein
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
5.0 on 5.0
You can go ahead and purchase the property without worrying that your wife will get any share in it.
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
5.0 on 5.0
Hello,
1) Yes you can buy with no hassles and rent out the property.

2) Your wife needs not know you are purchasing a property.
S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
5.0 on 5.0
Dear Querist
there is no law in India yet, regarding the 50% share in husband's property.

she can not claim the property share but she may file a maintenance case if she is unable to maintain herself.
Nadeem Qureshi
Advocate, New Delhi
3721 Answers
140 Consultations
4.9 on 5.0
1. No. wife is not entitled to 50% of husband's property as of now,

2. There was a bill proposed to be placed before the Parliament which has not yet yielded any result,

3. You can purchase the said property now which can not be claimed by your wife as per the law in vouge at present. 
Krishna Kishore Ganguly
Advocate, Kolkata
13211 Answers
280 Consultations
5.0 on 5.0
1. One thig to be kept in mind in this regard,

2. If you rent the said house, your income will increase and your wife can claim higher maintenance amount from you bacause of your so uincreased income.
Krishna Kishore Ganguly
Advocate, Kolkata
13211 Answers
280 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
16463 Answers
153 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
26099 Answers
1419 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13211 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6469 Answers
71 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3721 Answers
140 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2978 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
64 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1989 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0