• Property distribution in mutual divorce

Me & my wife we are taking divorce on Mutual basis. Wife is Dr by profession. I have 3 issues.
1. one property on sole ownership on husband name, Can wife claim 50% of after divorce??
2. one property where husband & wife are co-owner ( registered on both names), I trust here she can claim 50% property, pls confirm?
3. Husband finance wife to start business- it is on proprietor basis on wife name, now after divorce can husband will have any stack in business ?
4. What would be maintenance cost need to paid, if wife is working & husband is jobless????
Asked 6 years ago in Property Law
Religion: Buddhist

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14 Answers

Whether it's before or after divorce, wife cannot claim right over self acquired property during husband lifetime.

If both are co owner then wife can claim her share.

Transaction details required to claim.if said details available then husband can claim .

wife who is capable of working and sustaining herself is not entitled to claim maintenance from her husband.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

No wife can't claim ownership. She can only ask alimony. 

Yes if she is co-owner she has right

That's your personal business. 

There is no parameter it depends on her income, her standard of living during marriage

 

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

  1. If it's a mutual consent divorce, then both have to arrive at terms and conditions mutually. She cannot force you to pay certain maintenance. You must set your terms for mutual consent and then negotiate. 
  2. If she is adamant, there's no point in mutual consent divorces and then you have to go for contested divorce

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. No she can't.

2. Yes she can. She has a share. She may not take it.

3. No he cannot. The business belongs to the wife.

4.none.

You have property movable and immovable. A divorce by mutual consent may be done by agreeing to certain conditions.

It all depends upon how you and she agree.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) wife cannot claim 50 per cent of property owned by husband 

 

2) wife can claim 50 percent share in property standing in joint names 

 

3) husband has no stake in business started by wife in her own name 

 

4) if wife is working and husband does not have job she would not get maintenance 

Ajay Sethi
Advocate, Mumbai
100035 Answers
8167 Consultations

1. Wife has no right on property though as condition of mutual divorce she can demand it from husband if both agree on same.

2. Yes there she has 50 percent rights on same.

3.Husband has no right on wife's business.

4.See in mutual divorce it has to be mutually decided between both the parties.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. she cannot claim the property, however, she can claim alimony,

2. as she is the co-owner, yes, she can claim her share,

3. since the business is in the name of wife and a propreitorship concern, therefore, the answer is yes, but if the husband had help her financially in starting the business he can make a claim subject to the proof of financial help,

4. “amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, etc, therefore, without going through deeply with facts its really unfair to tell an amount. 

 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

1) No, wife doesn't have any rights till husband is alive.

2) Yes, wife can claim 50% share in the property.

3) here husband has to prove that he has financed her for to run the business and claim the certain share in it.

4) if husband is jobless and wife is working no need to pay alimony to wife. Here husband can file for monthly maintenance from wife.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Wife has only right of residence in the property of husband. She has no right of share therein.

2. Yes.

3. No, husband can not claim anything out of it.

4. Husband is not entitled to provide maintenance to wife but his liability to maintain the children remains if they are minor/unmarried.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

The answers to your queries, serial wise are as follows.

 1. No. She is not entitled to any share in the property exclusively owned by you. The quantum of alimony is decided  after divorce on the basis of income of both husband and wife. 

2. In this case both parties have 50% share in the property, it will be divided on that basis only 

3. No. Husband can not have any share in the business which is exclusively owned by the wife. What husband did to help the wife during subsistence of marriage was out of mutual love and responsibilities.

4. As said earlier, the quantum of maintenance/ alimony depends upon  the income/ earning capacity of spouses.If the wife is earning more than husband, the maintenance/alimony is denied. However bringing up children is responsibility of both and if the custody of children is with wife, husband has to pay/share the responsibilities of children towards education/ health/ entertainment etc.    

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

Wife have no claim in husband property but she can demand as a settlement.

No

If husband only has contributed in purchase, he is sole owner. Merely buying in the name/joint name of wife dose not make her owner.

Husband can file separate suit to raise his stake in the business.

Earning wife not entitle to maintenance and jobless husband - no reason to refuse maintenance to wife.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. one property on sole ownership on husband name, Can wife claim 50% of after divorce??

Answer: Yes she can claim maximum 50% share on the property unless you can prove that she can purchase property by herself. You will have to establish her source of income is higher;;

2. one property where husband & wife are co-owner ( registered on both names), I trust here she can claim 50% property, pls confirm?
Answer: Yes she definitely can claim 50% in this case;

3. Husband finance wife to start business- it is on proprietor basis on wife name, now after divorce can husband will have any stack in business ?
Answer: Yes if the husband can show that he has invested in the business;

4. What would be maintenance cost need to paid, if wife is working & husband is jobless????
Answer: Maintenance will still have to be paid. This will depend on the demand of the wife, and if the negotiations fail then in contested divorce, the judge will decide the cost of maintenance.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1. Wife cannot claim share from property owned by husband after divorce. 

2. She can claim her share from jointly owned property.

3. After divorce husband cannot claim share from business of wife even if he have invested 100% money. 

4. Husband may not have to pay maintenance if wife is earning handsome money.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. No.

2. Yes, since she is the joint owner, she is entitled to 50% share in it as a right.

3. Legally not, however he can file a suit for recovery of the funds invested.

4. The husband need not pay anything if he proves her employment and the salary income.

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

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