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Can wife claim the share in property after divorce


26-Jan-2023 (In Divorce Law)
I have been married for 1 year now. My wife has been staying away from me for past 9 months. She says she wont stay with my parents and, without getting into details, things have gone to the point where i dont think they will return to the normal. I have a flat given to me by my dad, i still pay the installments on it. recently her family and herself have been inquiring a lot about on whose name the flat is and about other assets as well. They were all bought before the marriage and she has not contributed at all towards them. Recently she asked me to file for divorce. Can she take my assets away from me? Can i get it registered on my mothers name to get out of it?
Answers (5)

Answer #1
998 votes
Dear Sir, You can file for divorce by mutual consent and make the specified agreement regarding the permanent settlement if you reach one, in other cases as per the recent amendments in the marriage acts made in 2013 , the wife can claim share in the inherited or inheritable property of the husband but there has not been any clause regarding the self acquired property of the husband and the discretion to decide the quantum of the money has been left with the judges . Although she can not claim your self acquired property but that can be taken into consideration to decide the permanent ailmoney , so in order to on safer side it will advisable that you transfer the property in someone else's name so as to avoid the cumbersome litigation in future regarding the shares in the property
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Advocate Suneel Kumar

Adv. Suneel Kumar

LawRato Delhi | 200+ Answers
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Answer #2
625 votes
The flat given to you by your dad is in your name or yours father name. If its in your name than before starting any proceeding or complaint from your wife get them transfered to your mother name. Your wife is staying seperate for last 9 months in a year old marriage and forcing you to stay seperate from your parents which amount to cruelty and are valid grounds for divorce.
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Advocate Lalit Kumar Sharma

Adv. Lalit Kumar Sharma

LawRatoDelhi | 50+ Answers
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Answer #3
972 votes
Dear you can register your property to your mother's name to get out it . ..... .... Kindly provide us full facts of case so we can help you better
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Advocate Deepak Rathore

Adv. Deepak Rathore

LawRatoDelhi | 100+ Answers
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Answer #4
682 votes
She cannot take away your assets except by order of the court or as a settlement towards alimony/maintenance in maintenance proceedings that she may file. After divorce she cannot claim anything from you. You can get the property registered on your mother's name.
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Answer #5
507 votes
Hello According to sec 125, she can only demand for maintainence, not more than that, i hope you dont have any issues, so that would be very limited according to your income. Whatever sreedhan she can take along with her. No need to registered or she won't be able to take any assets from you. But its always advisable that secure your assets for future. Regards, Jayatee Chatterjee Solicitor/ Advocate
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Advocate Jayatee Chatterjee

Adv. Jayatee Chatterjee

LawRatoDelhi | 5+ Answers
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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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