Wife only have right of maintenance at the first and after death of her husband if she is not remarried and husband too is not remarried then she can claim right to the property. Furthermore if husband has executed a will then the same will be decided as per will
Wife right on husband inherited property
My friend was married for 14yrs to X . They built their house on the first floor of her husband's parents house. Her husband and his 2 sisters inherited this property. However,my friend and he got divorced and a X amount was agreed but only 10 percent paid to her. My friend wants to make an agreement where in she can split the monthly rent of the first floor property with her ex husband. Can a addendum for divorce settlement signed and agreed by both the parties... Wherein she can be part owner of only the first floor property. Her ex husband does not have funds to fully pay her a full settlement Or is there any other suggestions ..please advise.
Asked 4 years ago in Family Law
Religion: Hindu
6 Answers
husband has one third share in property
2) if husband has failed to comply with terms of divorce decree he can sell part of his share to ex wife by registered sale deed or agree to pay x amount out of monthly rentals
1. If both husband and wife agree to such an arrangement then it can be done.
2. Divorced wife will not have right over her ex-husband's property. If the couple has a child, then after the lifetime of the father, the child will have right to claim.
3. Since only 10% of the agreed amount has been paid, she can knock the door of the family court for non-performance by the ex-husband.
4. If the appeal period is still subsisting, then she can revoke her decision.
Dear Client,
With regards to the addendum for divorce settlement, you may go for the same by filing a motion to modify the terms of the decree with the court where the original judgment was filed. In this way, you can enter into a settlement to divide the rent coming out of the said property with the husband.
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Once the marriage between them have been dissolved by a decree of divorce despite the settlement amount has not been collected in full by the ex-wife before divorce or after that, she may not be able to enforce the unregistered agreement before court of law to execute the same.
The husband can even refuse to pay any money saying that he do not have any.
However if there is a consensus arrived between both, they c an go for any kind of settlement that would be legally enforceable.
- Legally , she having no right to claim any share in her husbands property during his life time and even at the time of divorce.
- However , if the husband not having fund to pay her the agreed settlement amount then he can pay the same as per mutually agreed.
- Further , before filing the divorce petition before the court on the ground mutual consent then can enter into an agreement after narrating all the conditions as agreed by them.
- Further, if divorce already granted by the court , then legally they cannot enter into any agreement for its enforceability .
