LawRato

Can husband claim wife's property after divorce?


15-Dec-2023 (In Divorce Law)
My husband had filed divorce under section 13 1(ia) with out my consent.Had given fake address of mine.so I didnt receive any court hearing orders.ow only I came to know that default absence of 3 hearings will they give divorce? If the divorce is valid , then me or my daughter can't able to claim any maintenance or property share money from him? We purchased house in my name during our marriage life.myself & my parents contributed 80% of the money.he contributed 20%.Is it possible for him to claim the property in my name after divorce or will he ask any share in that property or the contribution amount given to the house? The property is registered in my name(wife name).
Answers (4)

Answer #1
293 votes

In case of a contested divorce, the ability to claim maintenance / alimony from the husband does not get affected. 

For your next question of whether husband can claim wife’s property can be answered in the negative, considering that the property is in your name and also that you have contributed more than him. However, it entirely depends upon the facts and circumstances of the case and once your lawyer understands the said details, he/she will guide you better. 

You can read more on divorce here and can even contact me for further information.

Advocate Sudershani Ray

Adv. Sudershani Ray

LawRatoDelhi | 200+ Answers
Chat with Advocate Sudershani Ray Chat 

People also ask

What should a husband not do when separated?

Dont Move Out of the Family Home. ... Do not rush into a new relationship. ... Dont deny your partner the right to co-parenting. ... Dont involve your family members and friends in the separation process. ... You should not sign any documents without the consent of your lawyer.

Can I block my husband during divorce?

If your divorce is contentious and contested, you may want to adjust your privacy settings so that you can block your spouse from social media. This will help prevent your posts (or emotional manipulation) being used against your in court. You may not need to block your spouse if you are on good terms with them. 21-Sept-2023

Is there any right of a husband on wife property?

During the lifetime of the wife, the husband does not have any rights over her property. When the wife dies, her share is divided between her husband and her children. Devajyoti Barman, a Kolkata-based lawyer, says that if the wife receives her share during her lifetime, then the husband will inherit it. 26-Oct-2023

Do I have to support my wife if we are separated?

Do I still need financial support? Financial support may not be necessary if both spouses can sustain themselves financially without the assistance of the other. This can differ depending on each individual case.

  
Answer #2
927 votes
For divorce under section 13 1(1a) on the ground of cruelty your consent is not needed. Now you have knowledge about the case and you can still contest it. The property in your name is safe and no need to bother about it. Claiming maintenance is not affected by divorce.
Dr. S. Diraviam Dinesh

Dr. S. Diraviam Dinesh

LawRato Chennai | 500+ Answers
CONTACT NOW
Answer #3
967 votes
This reg to your query at law Rato request you can file a file application to set aside the expatriate divorce within a limited time frame of 6 months and you can contest the divorce proceedings. Reg 2nd query if property title documents stands only in your name and he cannot claim any rights over said property unless it executed by u hope I clarified both questions
Advocate Mohamed Ashick

Adv. Mohamed Ashick

LawRatoChennai | 100+ Answers
CONTACT NOW

Answer #4
426 votes
Synopsis. If the property was purchased by the wife but is registered in the husbands name: the husband may claim the property unless she can prove that she paid for the property. In this case, the wife could stake a claim on the property.
Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
CONTACT NOW

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato