• Divorce law

If I as an American woman marry an Indian Man in India will he have rights to my property that I aquired before marrying him.
Asked 4 years ago in Family Law
Religion: Christian

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13 Answers

Husband has no share in property standing in name of wife in event of divorce 

 

 

Ajay Sethi
Advocate, Mumbai
100028 Answers
8164 Consultations

Yes as per Indian law he will. But you can execute your will that he will not have right on the same and you can give it to some other person after your death

Prashant Nayak
Advocate, Mumbai
34704 Answers
249 Consultations

In India marital bonds are considered sacrosanct and eternal, so a married woman gets a right on her husband’s property only after his death. Wife has the right to claim maintenance for her livelihood equivalent to husband’s lifestyle, till the time she enters into a second marriage. 

There are two different types of property for the purposes of divorce. The property that the couple purchased during marriage is called “marital property”. Property that you had before marriage or was just a gift to you from someone other than your spouse is called a “separate property”. Marital property can be divided between two spouses.

Separate property is an asset that is owned by premarital spouses. Any inheritance a spouse receives, even during marriage, is separate property. So are personal gifts (unless they came from another spouse or partner) and payments for personal injuries.

If a property is purchased and paid for by one person and the title is held by another, the person in whose name the property is held will be deemed to be its legal owner. Before we proceed further, it is important to note that this law accepts the property on which his/her name is registered. Contributions made during the purchase of any other party, cash or in-kind, are not recognised, legally speaking, unless you have sufficient evidence to prove otherwise.

As per Indian law, your husband has no rights over your property if it is acquired before marriage. This is applicable to bank savings and stock

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

if there is substantial differnces in your income in event of divorce husband can at most seek maintenance from you 

 

he has no rights on your money lying in banks and stocks 

Ajay Sethi
Advocate, Mumbai
100028 Answers
8164 Consultations

- As per law , a husband is not having any right over the property/assets of his wife during his life time. 

- Further, all the gifts etc. received at the time of marry are considered as self property of a wife , and even the husband is not having right to ask for the same . 

- Hence, if you marry an Indian man then he will have no right to your property and bank savings etc.

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

No, your husband of Indian original shall not have any legal claim over your movable, immovable and financial assets simply by virtue of marrying you. You have all rights under the law to deal with your assets as you wish.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

No it will not unless you don't have any other legal heir or you don't will the same to any other person

Prashant Nayak
Advocate, Mumbai
34704 Answers
249 Consultations

Hi, Normally all prevailing in India, Husband can't claim right over the property of his wife as she acquired before marriage.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear client, 

yes, it includes your property that was acquired before marrying him and can include bank savings and stock. He will get rights only when you give permission or after your death as a legal heir. 

Thank you

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

As per Indian laws, he do not have any rights in the properties that you may purchase even after the marriage  or over the properties that are already lying on your name.

However if you reside in  USA  after your marriage with him then you are bound by the USA laws, in that circumstance, ion case of any marital dispute, you may have to share the properties that you have bought post marriage as per US laws.

 

T Kalaiselvan
Advocate, Vellore
90229 Answers
2508 Consultations

No, he do not have any rights if you both live in India and he raises dispute in  India.

However if you both continue to reside in USA at the time of filing the divorce case in USA, then you are bound by USA laws. 

T Kalaiselvan
Advocate, Vellore
90229 Answers
2508 Consultations

In India there is no provision of communion of assets between spouses. One spouse can only claim maintenance from the other in case one spouse is unable to maintain cells or her self through their own incomes. No spouse has any rights over each other properties in India.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

No, he has no right over the property acquired by you, he can claim maintenance in case he is not able to maintain himself due to his physical or mental incapability and not otherwise.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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