Can my husband claim rights in my property after mutual divorce

915 votes

As per your query
I am in the midst of a mutual consent divorce. I have been livinCan my husband try to claim rights in this property.g separately with my infant daughter of for 10 months now.. we have come to some settlement terms regarding the divorce and child custody. I am yet to file the petition. Right now im in the process of buying a house too for me and my daughter. The funds for the said property are from my savings my parents help and a housing loan.

Your husband can't claim in your own self acquired property. But it will affect on you mentaince term. In future litigation that you suppose to filing the petition.

LawRato LawRato

724 votes

If the mutual consent divorce petition is yet to file and you are buying property before that then you need to be cautious . Get the petition filed and mention a clause in the petition that your husband can not claim any right in your property.

Advocate Mukesh Vasant Shinde LawRato

937 votes

You can go ahead with the agreed settlement and file for divorce with mutual concent. A husband has no rights in the property of his wife that she has got as a gift from parents or she has inherited from parents.

Advocate Mohd Atik Iqbal LawRato

653 votes

This is my response to you:
1. The property that you purchase, after the divorce has been finalised, then your husband has no claim;
2. Also if you buy a property out of your own funds and pen down your name as the only owner of the property then you have nothing to worry;
3. If your husband does not help or contribute in purchasing the property, he has no claim whatsoever on it;
4. But for precaution sake, (if your husband does know about your purchase) then you can take an affidavit on stamp paper stating that he shall not ever stake a claim on your property now or in the future.

Advocate Gowaal Padavi LawRato

604 votes

As per information provided above, it seems that, divorce application is yet to be filed and to safeguard your interests what you decide mutually and mention in the divorce application is far more important. It should have clear picture of all the financial terms and conditions and child custody and visiting rights.

Advocate Sachin Ghalsasi Prakash LawRato