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Wife eyeing on my property that I bought before marriage


01-Oct-2025 (In Divorce Law)
I have initiated divorce (1 year marriage, no kids) outside India and will get orders soon. Now my wife went back to India and planning to stay at my house (that I own, on loan, bought before marriage and she contributed nothing) She stayed at my house only for 1 month after marriage before we both moved abroad. Is there a way I can keep her away as my parents are old and don’t want the drama at this house? Can I transfer this property loan to my parents meanwhile as last resort?
Answers (1)

Answer #1
805 votes
Since the property was purchased by you prior to marriage, out of your own funds/loan, it is your exclusive self-acquired property. Your wife has no ownership rights over it. However, under the Domestic Violence Act, she may try to claim a right of residence in your house. To safeguard your aged parents and avoid such disturbance, you can: 1. File an injunction/civil suit to restrain her from entering or creating nuisance in the property. 2. Transfer the property to your parents’ name as an added safeguard, though this should be done carefully to avoid allegations of fraudulent transfer during divorce proceedings. 3. If she attempts forceful entry, you can seek police protection and move court for urgent relief. In short: her stay in your property is not an absolute right; legal remedies are available to protect you and your parents. Act quickly to secure your house.
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