• Is it a good advice to add my wife's name to the title?

Hi,

I am an Indian citizen. But, I live in USA. I am married for 3.5 years. I face frequent differences with my wife. I am buying a house in USA using my own money (not my wife's money) .I took a home loan using my own salary. But, my current attorney in USA suggested me to add my wife's name too to the house title. If I add my wife's name to the house title, will I face any issues in future if in case my marriage results in divorce? Can my wife claim that she is also the owner of the house take 50% share of it? I bought this house using my own loan and the house price is 450,000 USD which is a very high amount. Please advice what is good to do at this point. My wife is also working and her salary is more than mine and she cleverly invested all her money she earned by buying farmlands in India and registered them under her father's name. During divorce She can simply say that she has no property of her own and demand 50% share of the house I am going to buy.
Asked 6 years ago in Family Law
Religion: Hindu

12 answers received in 1 day.

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16 Answers

Yes in case of divorce she can claim title over the said house. If you don't trust then it's better not to add her name

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

don’t buy property in joint names 

 

2) if your wife is willing to invest 50 per cent of her money then only buy property in joint names 

 

3) in US in event of divorce wife can claim 50 per share in property bought after marriage 

 

4) better stay on rent 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

Going by contents of your post, it can be assumed that, you may face litigation in future, as such, it is always better not to have your wife's name in the transaction.

Going forward she will claim 50% share in the same.

Laws of land (US) will give 50% share.  Therefore, follow her style and get the transaction completed in your name only, collate and retain all documents / information pertaining to transaction viz., loan application, agreement, your source of funding etc.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes, at the time of divorce she is entitled for 50% share in the house.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. If your wife is a co-owner then she will be entitled to 50% share in the property which she can cull out by filing a suit for partition.

2. Whether it is good or bad has to be decided by you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

to avoid any future legal complications, get the property registered in your name only,

however, she can make claim to the properties registered in your name also,

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. In India wife has no share in the property of husband . However once you add name of your wife in the title deed of the property then automatically your wife would become its half share holder of the property.

2. So if you have discord at home with your wife which may lead to dissolution of marriage then it is not advisable to buy property in joint name of your wife.

3. So do as advised above. In India wife is not entitled to maintenance if she has enough income in which property she owns in her name is not of much consequence. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1.  In view of existing differences between the couple, IT would be highly unwise to purchase ANY property jointly with wifes name included, more so specifically since while selling /mortgaging /transferring /gifting /whatever .... you would be at the gross mercy of Wife's consent & signatures for the same.

2. Further "IF" relations were to sour up to its logical conclusion (say Divorce), THEN you stand to lose the property even upto the extent of 75%.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No. It is always good to have property in your own name.  It is advised generally to add name of wife to get rebate in tax or court fee stamp. But it's always good to pay more tax or court fee rather creating 50% title in the name of wife during your life time.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

1. yes you will face result in case of divorce. She will claim her share in the property 

2. If she says that she has not property then you may go ahead and disclose the said fact before the court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Why did your USA Lawyer asked you to buy the property in USA  jointly with your wife's name?

 

2. In some States of USA, properties bought by the husband with his own fund after the marriage is also equally divided with his wife in while passing decree of divorce.  So, if you buy it jointly with his name as co-owner, surely, she will get 50% of the said nproperty.

 

3. Make sure that you can buy properties, be it in USA or in India, in the name of your parents or close relatives, if possible.

 

4. In India, wife will not get any right on her husband's properties during his lfetime but can ask for attachment of the property as collateral security towards alimony/maintenance i.e. in case of your failure to pay the maintenance as directed by the Court, the property can be let out or sold for arranging to pay her the maintenance.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dont buy property in joint. wife can make a claim if she can prove her equity in the property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Do not name anything in your wife's name. The money is yours. Tell her to give half the amount for the house.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Even if you add your wife's name as co owner of the property in India, her name can be removed later onin case of any disputes between the two of you by way of filing a suit for declaration to declare you as the sole owner of the property on the basis of the payment made by you.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

The properties or assets bought post marriage can be shared between both the spouses is the law of that country when applying for divorce. 

If she is smartly securing her properties in India, you may also adopt such smart ideas by buying the assets in India on your mother's name or your father's name.

The property in your name in US will always pose a danger of she getting entitled to half share post divorce.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The wife shall have equal share in the property in that case.

See can claim her share in the property. Therefore it should be registered in your own name.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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