• Does ex wife get share

I and my ex wife divorced back in 1999, I bought a house in 2009, 10 years after divorced, only under my name( no joint), however because of our children, I let her to live in the house in her own room. 
recently I sold the house, despite she didn't participate in any mortgage payment, now she ask for half of the house, does she get anything. home lone was under my name only, everything was under my name only...
Asked 5 years ago in Property Law
Religion: Other

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29 Answers

Dear sir,

The claim raised by your wife is baseless and she is not entitled to claim share in any property acquired after divorce. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. When once favourable divorce decree is obtained in 1999, she ceases to be your wife from the date of decree of divorce.

2. Since the property was bought by you in 2009 long after legal separation by way of divorce, that too after 10 years of divorce, she has no legal right over the property or a share in its proceeds.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Dear Sir,

As suggested earlier, she has no legal claim in the that property, even if she goes to court. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. It's your magnanimous attitude to give her 1/4th of the value of the house when she is not legally entitled to.

2. If she takes the matter to court also she will not get anything as per legal provisions. She is not entitled for any share and if she demands 1/2 share, let her go to court and in that case she is going to lose your offer of 1/4th share also.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. She had no share in the property of which you were the absolute owner even during subsistence of marriage, let alone after dissolution of marriage.

2. The possession of house by her was a permissive possession, hence no right, title or interest qua the house is created in her favour.

3. You are free to give her anything.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ex Wife has no share in property standing in your name 

 

it was purchased in your name entire loan has been repaid by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. She was no longer your wife since last 10 years when she had occupied your house purchased in the year 2009 with your consent.

 

2. She has no right to claim any share of the said house.

 

3. File an eviction suit against her at the earliest..

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Even if ex wife goes to court she would not get any reliefs as property purchased in your name and loan has been repaid by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You give her any amount you wish to but do not get such payment connected with your hopuse of its value.

 

2. You should file an eviction suit against your ex-wife and also your sons without agreeing to make any payment to them. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

No, she is not entitled to single penny from you.

You can give for the sake of love and affection whatever you want to give. 

Legally she cannot ask for anything. 

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- As per law, wife has no right to claim any share in the property of her husband /in-laws during his life time., and this law applied for a divorcee as well. 

- She will get nothing from the court , specially now she is like a alien for you , after the divorce. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

She gets no share at all

She is entitled only for maintenance 

You will have to file an eviction suit to evict her 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

See has no share in the property, she cannot ask for any share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She cannot file any case, no case for property is maintainable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No.

Neither major children can claim any maintiannce. No relief from court except she can claim maintainance from court as divorced wife entitle to maintenance if not remarried or earning.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The house property bought by you on your name alone and the registered sale deed is on your name, then it is your own and absolute property.

She cannot claim any rights in the property not only during your lifetime but even after lifetime.

You do not  entertain her claim for any share in the property.

You can dispose the property without asking her permission or consent for disposing the property.

If she is refusing to vacate then you can file a criminal trespass case against her with local police to forcibly throw her out of the property.

.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As you said that has has no right in the house property, you need not worry about her claim or even if she decides to approach court for this.

Basically she is a divorcee hence she lost her rights for residence too.

You dont decide to give her even the one fourth share in it.

You can give it directly to your sons since they are already adults by age.

Her case will not be maintainable in court 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your Ex-wife has no legal right over your own property which purchased after 10 years from Divorce decree. Her claims are in vain and no court will pass a decree infavour of her. If your Childrens are major then them also could not get any right over the property.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

She is delusional. Once the divorce decree passed you have no obligations towards her.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She will get nothing. Instead of giving her give it to your children.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your  ex-wife does not have share in your property.

The property bought by you is your self acquired property and that, you have repaid the entire loan.  She is not entitled any share in the property.

She has no right, title or interest in the property as such, even if she goes to court claiming share in the property she will not succeed.

However, as a prudent person (parent) you have decided to give 1/4 of the value to her, make sure that the same is used for the welfare and for meeting the expenditure of your children. 

Make sure that, what ever you want to give do it through BANK ONLY.

Your aforesaid gesture will be  appreciated by Court also.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

NO, She Can not claim any share in this property, she may claim only maintenance and right to the residence from you and nothing more than that.

 

if she is not ready to vacate the property, you may file a civil suit for eviction based on the licensor and licensee.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

No she doesn't have any right in that house

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If the property is you self owned then your wife does not have any share in it not your children. Plus legally they can't tell you to give any share in it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Ex Wife has no share in property standing in your name since the day you got divorced.

She has no right to claim any share of the said house. she wont succeed if she plans to file a claim.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Dear Sir,

As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce

After divorce, she is entitled to nothing. She may get permanent alimony while seeking divorce and maintenance of a fixed sum if she is not earning herself till she re-marries.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. No she cannot claim share from consideration which you get from selling your house.

2. Legally your ex-wife cannot claim a single penny from money you received from selling of your house even if she was living in the house. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Your ex wife cannot claim any right in your property . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Ans: There is no legal remedy available to her with respect to that property. As long as you are ready to give her some maintenance for the maintenance of your children, she should not ask for her share in that property. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

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