• Ex-wife after being divorced for almost 5 years

Uncontested devorced she walked away 5 years ago only taking her clothes so I have the house we once shared when we first purchased the home 15 years ago maybe longer she had gotten a settlement for a car accident as a married couple from her settlement she put 20 to 25 thousand down on the house , so after allmost 5 years of the devorced she wants the house out of the blue because she having a hard time in life all the sudden, it was a uncontested devorce. The devorce happened because she was cheating on me and our marriage so I made her file for devorce and she did taking nothing 5 years ago I'm not giving it to her so she threaten me with court can she do that to me
Asked 3 years ago in Property Law
Religion: Other

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12 Answers

She can seek alimony from you if she is unable to maintain herself 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Once the divorce petition was filed and the proceedings took place and divorce decree was granted, she has no right over anything although she may demand maintenance if she hadn't waived off. If she had stated that she doesn't want maintenance then now she cannot claim anything.

What does the title deed say? If she invested a few thousand then she cannot demand her share if the flat is in your name.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hello,

  1. If there was a consent term in the uncontested petition for divorce or if there was a specific clause stating that neither of the spouses can make any future claims, she cannot succeed.
  2. If the property was not transferred in your sole name through a registered document and still stands in the joint name she can approach a court of law to get her share inthe property.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Dear Querist

if she is not married yet after the divorce with you and she is unable to maintain herself then you are liable to pay her maintenance if she files before the family court under section 125 of Cr.P.C.

 

it will be better if there is any mutual settlement with her than do it.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If she can prove that she contributed towards house, it is joint property though it may be in the name of anyone of you. She did have proof of compensation received which will prove that she contributed. She can claim and get it.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Dear Sir,

1) If the settlement deed mentioned no claim to property, your wife cannot claim her share in the same.

2) If your wife has financial problems and is unable to maintain herself, and has not married she can claim maintenance.

Thank you

Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

If your marriage was solemnised as per Indian laws, then she is entitled to maintenance amount or even permanent alimony if the same was not given by you subsequent to your marriage or if she had not applied for it earlier.

If the house property was purchased on the joint names, then she is having a right to a legitimate share in the property.

Thus instead of dragging  the cae to court which will take long years to dispose, you may better amicably settle the issue by negotiating the matter to the possible extent. 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

- As per law of India, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- Further, if the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Hence, the divorce decree is not valid in India and the relation of husband and wife is still exist legally, and she can file any cases against husband in India . 

- However, you can take her consent for mutual divorce , even in US , which is valid in India. 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

1. The divorce decree has already been passed which she has not contested or appealed against.

 

2.She can not claim the house now if it stands in your name on the grou8nd that she had paid some amount to you for purchasing the same.

 

3. At most she can claim the said amount bank with interest from you now.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Your uncontested divorce matured into finality. She cannot do anything.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Sir,

 

- Your wife can not claim the right in the property if there is not any such term defined or ignored in divorce agreement or in the decree of court.

- Besides, if she goes to the court you have nothing in hand but have to oppose the matter any how. Though seeing the prima facia input shared by you the matter is in your favor.

- For further input or advise feel free to connect with undersigned along with decree copy of divorce

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

Dear Concerned, 

 

ONE liner for you, IF her name is not mentioned in the registration of the property she will not be able to cliam any thing in the said house. 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

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