Property related query during divorce

868 votes

If the property is in your father’s name, it will not automatically get affected by your divorce. Your spouse has no direct right over property that legally belongs to your father. However, if you have a share in ancestral property or if any property stands in your own name, that may be considered while deciding maintenance or alimony. Divorce does not create automatic rights over in-laws’ property, but financial capacity and assets can be examined by the court for determining maintenance. For specific advice, details of ownership and nature of the property (self-acquired or ancestral) must be verified.

Advocate K V Swajith Reddy LawRato

825 votes

Your property standing in your father’s name or inherited from your father will not automatically be affected by divorce. Under Hindu law, the spouse has no direct right over the self-acquired or ancestral property of the other spouse during his lifetime. Therefore, your wife cannot claim ownership or share in such property merely because of divorce. However, the court may consider your financial status and assets, including income from property, while deciding maintenance or alimony. If the property generates income, it can be taken into account for fixing the amount of maintenance, but ownership will not be transferred. Only in cases where the property is jointly owned, gifted, transferred, or voluntarily settled in the spouse’s name, any claim may arise. Hence, your father’s property or inherited property generally remains protected, subject only to maintenance considerations.

Advocate Pavani Kumari LawRato