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Divorce and property issues and seek khula


20-Jul-2025 (In Divorce Law)
We had been separated since 2019.My Divorce case is in the Court and My ex isn't settling for fair settlement of properties. He is having assets in Hyderabad, India. And California considers assets bought during marriage as Community property that has to be shared 50-50. He is delaying the settlement since 2022 .I have 2 questions: 1. If I seek khula, will it effect my rights on the assets in my divorce case in US? 2. Can I claim the Indian property in India which includes my money. too.
Answers (4)

Answer #1
562 votes
If you file for Khula, it may weaken your claim over assets in the ongoing US divorce case. The US Courts consider property division in the context of civil divorce, not religious divorce. For the property in India you can claim your share if the assets were bought during marriage or with your funds, but you must file a case in India to assert those rights. It's wise to consult both US and Indian lawyers so your actions don't conflict and you get a fair settlement. Stay strong and protect your interests.
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Advocate Pavani Kumari

Adv. Pavani Kumari

LawRato Guntur | 400+ Answers
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Answer #2
919 votes
You question is not clear. Your case needs detailed scrutiny and also if you claiming share in Husband property then the documents has be scrutinized to verify whether you have right over it or not. Here would not br appropriate to answer your query as it can cautious your Husband about your next move. Its better you discuss this with your Advocate for proper advise. Thanks
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Advocate MD Raheem

Adv. MD Raheem

LawRatoSecunderabad | 25+ Answers
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Answer #3
665 votes
judicial separation has more advantages than a Khula . if it is a judicial separation all the assets will be considered here in the suit and they will be distributed as per law and willingness of the parties. there are certain settled laws regarding properties as per Muslim law
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Advocate Kishen Samuel

Adv. Kishen Samuel

LawRatoSecunderabad | 25+ Answers
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Answer #4
662 votes
1. If you seek Khula, it may waive off some of your rights under Islamic law, but it won’t affect your property rights under U.S. civil divorce proceedings unless explicitly agreed. 2. Yes, you can claim rights in Indian properties if you can prove contribution or joint ownership. You may need to file a civil suit for partition or recovery in India in addition to pursuing your U.S. divorce claim. Also, a U.S. decree may not be directly enforceable in India unless recognized by Indian courts.
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Advocate Mrudhula Jahnavi

Adv. Mrudhula Jahnavi

LawRatoSerilingampally | 200+ Answers
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