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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
351 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

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Answer #2
607 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

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Answer #3
695 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

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Answer #4
456 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.
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Advocate Chikirsha Mohanty

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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.

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