• What happens to FDs husband invest on wife's name in case of divorce ?

I want to invest in FDs on wife's name to save tax, but I suspect we can also go for divorce in future, as there are fights between us quite often. Even if I make FD on joint name (she primary & me secondary), can she claim that money as her's in case of divorce ? Is there any workaround for this ?
Asked 5 years ago in Family Law
Religion: Hindu

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20 Answers

Yes she can claim the money in either case.

Get the FD done on the name of someone who you can trust.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Wife can claim money lying in  her name in FD 

2) she can claim 50 per cent of money lying in joint names in vent of divorce 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Dear sir,

In former case she can claim the money as her own. In the latter case, she can claim that half of the money is her's. 

In the event of dispute, you'll have a tough time proving that it was your money. It is advisable to invest in your name or someone else who is less likely to claim the money. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

It would be advisable to pay the paltry income tax to the government instead of losing entire FD amount by investing it on her name,  who would appropriate entire amount after divorce , even if it deposited in the joint names. 

You cannot claim the money once she withdraws entire amount and cancels the FD itself. 

Take a wise decision before it's late or keep worrying about taking a hasty decision. 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

- Yes, if you fix the amount in her name , then legally she will be entitled to get the same in case divorce in future . 

- Even if joint account , then also she can claim half of the amount invested in FD by you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You need decide the same in mutual consent divorce. If contested divorce you need to file a shot before civil court stating that money belongs to you and was invested only for name sake. 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

The property or money in which she is a shareholder can be claimed by her irrespective of whether she invested in it or not. Act accordingly.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ok, but she will have the right over half of the amount .

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

For opening the FD, you will first need to transfer the funds to her savings account 

That will be taken as a gift transfer

So there are chances that she may claim exclusive right over the funds

To prevent that take an affidavit from her that the FD, either in her sole name or in joint names, is being made only for tax planning purposes and she will not claim any equities 

This also needs to be checked from the angle of a benami transaction before you proceed

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

If you feel that in future you may go for Divorce, than don't go for investment FD's on her name. Once the FD's are on her name, you can't withdraw even joint also because you will mention percentage of investment.

 

Only one option is there you can prepare cancellation FD's document same time and do not mention date on it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Legally speaking your wife is entitled to get 50% of your entire moveable and immovable properties as per Hindu Law and Apex  Court order passed from time to time.


You may invest in FD no harm.Lets see at the time of disputes and settlement between you and your wife before the court of law.Till then have peaceful mind and healthy choices between both of you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. In case money is invested in FDs in wife name or in joint name she may claim same, she has right on the same.

2. You may invest on your name to avoid conflict in future.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

that money will be treated as her own hence, the husband should need to consider his actions and should know the difference between love and affection and financial security.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Sir,

In case of possible divorce, the wife may demand the money or the share from you. But you may oppose the same citing the reason that it is your money. However, the final outcome of the case and alimony will be affected by this. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Any asset standing in joint name of a person is considered to be his property irrespective of the fact whether he made any contribution or not. 

Therefore if in FDRs name of your wife is there she would be treated as its co owner and has equal share in it. 

So you better give your sole name in this. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Best option is to avoid the option of investing on your wife's name, due to specific reason of upcoming chance of going for Divorce.  Work out other options viz., purchasing KVP, Insurance, and other options of investing in central / state government approved investment schemes. 

Second Best option could be, take guidance of your Chartered Accountant with regard to tax planning and Investments.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Tax will be less but if you will purchase in her name and later separated and she dose not agree than you will face complete loss of FDs amount.

And to recover that amount, litigation cost. So buy in your name.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

She can claim money if FD is in her name. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In case of a divorce; these will be treated as her assets despite the fact that you have contributed funds for this purchase. Take her in writing/agreement/MOU; that you are contributing the funds for these purchases/ 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes she can claim the money as her own if she is earning enough money to save for herself. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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