Hi, I have filed for a divorce from my husband. The case is currently in mediation, but might go into contest. I have a few questions regarding the property that we own. We have a total of three apartments that we have purchased since getting married. Their details are as follows: Apartment 1: Roughly valued at 80L (ownership: in my name solely) Apartment 2: Roughly valued at 80L (ownership: joint ownership in mine and my husband's name) Apartment 3: Roughly valued at 2.5Cr (ownership: joint ownership in mine and my husband's name) For Apartment 1, the loan was paid off by me while he contributed 6L. For Apartment 2, my husband paid off the loan while I paid 20L as part of loans and interior work. For Apartment 3, my husband paid off most of the loan, I contributed about 40% plus interiors while maintaining household. Since getting married (17 years) I have been taking care of all possible household expenses, while he has paid the EMIs for the loans as mentioned above. Now he is not agreeing share the properties mutually, and claims that since I paid very little for the EMIs, he is offering me 45L and wants to keep all three properties. But this is unfair. So my questions are: 1. During contest, will the court refer to how much was paid/spent by both of us to acquire the properties? Since I was mainly taking care of household expenses, I can't show much I contributed towards the house exactly. 2. Apartment 1 is solely in my name. Can he claim ownership over it? 3. Or, irrespective of how much both of us paid, will the courts divide the properties owned by us jointly (or will Apartment 1 be included in it)? 4. Kindly also let me know about alimony. I have to mention that I am doctor and I am an earning member. Both of us have good salaries.
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You are absolute owner of first flat husband has no scare in said flat
2) as far as other 2 flats are concerned raje the plea that as you are joint owner of 2 flats you have equal share in said flat
3) refuse to transfer 3 flats to husband for Rs 45 lakhs
4) husband has to file declaratory suit that he is absolute owner of 2 flats .he has to prove full payment by him
5) you are highly qualified and working
6) you would not get any alimony
Just keep your claim that you have paid equally in purchase and also beard full household expanses.
To claim share acc. to contribution, he have to file declaration suit which is costly affair.
2. Yes acc. to contribution %.
No such provision of equal distribution in India. Share will be acc. to contribution.
You earns good but Wife Has Right to Live and Enjoy Life As Per Status of Husband, so claim alimony.
- The apartment which is registered in your name , your husband having no right over the same even he was paying emi of the same.
- However, if he has paid full fund of the payment of the purchase , then can seek ownership after filing a declaration suit before the court after submitting proof of funds.
- The apartment which is in joint name , the husband can claim 50% share , and cannot be declared single owner of the said property without getting your consent.
- Since, you have filed the divorce petition , then you can claim lump sum amount as alimony from him , and it not depend upon that you are an earning lady.
- As per Supreme Court, if the alimony is being paid in the form of monthly payments, then it should be 25% of the net monthly salary of the husband , that should be granted to the wife by the husband.
- Further, in case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth.
As per law, Property purchased after marriage is liable to be partitioned in equal proportion between husband and wife. Both husband and wife have equal rights. So non willingness of your husband in giving your share does not matter. Since you are earning sufficiently so you are not entitled to maintenance and alimony however, rest depend upon understanding and agreement of parties.
The alimony will be dependent on income and expenses and standard of living during subsistence of marriage. The property will be divided as per ownership and if any property is distributed for alimonies then it will be transferred to that person name
1. Based on in whose name the property is registered in the registered sale deed, Court may not interfere in the sharing process, unless and until it's proved with records otherwise.
2. Since the Apartment 1 is solely registered in your name, your husband legally can't claim it.
3. In respect of Apartment 2 and 3, irrespective of the individual share of investment each one of you contributed, the share devolves 1/2 equally as per the joint names in the sale deed.
4. Regarding alimony, your earning capacity and his earning capacity both would be considered and then decided by the Court in case of contested divorce.
Dear Client
In a divorce case, the court typically considers the principle of "equitable distribution" or "fair division" of marital property. This means that the court will strive to divide the marital assets fairly, which may not necessarily mean a 50-50 split.
Courts will often consider various factors when determining the division of property, including the contributions of both spouses to the marriage, financial and non-financial contributions, the length of the marriage, the financial needs of each spouse, and more.
While your husband may have paid the EMIs for the properties, your contributions to the household and other aspects of the marriage could also be considered in the division of property.
Apartment 1 in Your Name Solely: Generally, property owned solely by one spouse before or during the marriage is considered separate property and may not be subject to division in divorce proceedings. However, this can vary by jurisdiction, and there may be exceptions.
Division of Jointly Owned Properties: Jointly owned properties, such as Apartments 2 and 3, are usually subject to division in a divorce.
The court will consider various factors, as mentioned earlier, to determine the fair distribution of these properties. The specific financial contributions of each spouse to the property may be a factor but not the sole determining factor.
Alimony:
Alimony, also known as spousal support, may be awarded to one spouse by the court to ensure financial support after divorce. The eligibility and amount of alimony can depend on factors such as the financial needs of both spouses, their earning capacities, the duration of the marriage, and other relevant factors.
Given that you are an earning member and both spouses have good salaries, the court may consider various factors when determining whether alimony is appropriate in your case
1. The court will consider the documentary evidences only, since the first property is on your name by a registered document, it shall be your own property, he cannot claim any rights over it for any reason, the court will not entertain his claim and in the other two properties you have equal rights over both the properties.The court will decide accordingly.
2. No, it becomes your own property.
3. The properties on the joint names will be divided between both and the property on your name will be your own, you do not have to beg him for that, it is your right.
4. If you are employed and drawing handsome salary income to sustain your expenses and are able to live a decent life then you may not become eligible for maintenance or alimony from him.
