Property Rights after divorce. What is the legal position.

In case of a divorce, if the property is acquired by husband before marriage but still paying loan.. 1. Can wife or son claim any rights over the property? 2. Can the wife claim to stay in the property owned by husband till the divorce is finalized? 3. In case of maintenance , is he loan EMI deducted from the salary? Also , in case wife files false cases like 498A etc. what preventive steps should i take? Should i before hand submit any proof or application to local police station?

Answers (3)

153 votes

Hello, section 125 for maintenance you can claim a shelter and money to survive. For domestic violence you can file FIR under section 498a, if it is physical abuse then file with medical report otherwise you don't need to submit any documents.
Jayatee Chatterjee
Solicitor/ Advocate

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

327 votes

Yes wife or son can claim rights over husband property.
Yes wife can claim to stay under domestic voilance.
In case of maintenance u have to submit proof o EMI of your loan or any other investment before the court so that u can avoid large amount of maintenance.
In case of 498A case u have to contact advocate so we can understand the present situation of the case and then advise.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
21 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
101 votes

It is totally depends upon the Condition of the divorce and decree passed by the court in your if everything is settled then you can't claim anything but still amount deducted from your account or sal

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles