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Rights of wife in flat owned by husband
23-Jan-2025 (In Family Law)
I am now living seperate from my husband since last 6 months and moved in with my son. We are not officially divorced. Husband does not pay any maintenance and all expenses are taken care by my son. The flat where I used to live is in my husband's name. Would like to know if I have any right in the flat ownership as a married spouse. How does the property ownership laws apply if name not in agreement. Please guide.
Considering that the flat is in the sole name of your husband; so name cannot be mutated/added as a co- owner.
However, being a legally wedded wife you have a right to claim residence provision from husband under the relevant prevailing laws such under PWDV Act or HMA etc. Further you can claim maintenance for your subsistence in addition to above.
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Adv. Rahul Pardeshi
Pune | 50+ Answers
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Well, as a Married Woman, you are entitled to merely receive either Maintenance until receiving final order or lumpsum alimony before Divorcing your Husband, if you are going for Divorce, you won't be able to receive flat of your Husband, as you are not the owner in it, until and unless, your Hubby gives you his flat as equivalent to Alimony or party of Alimony to seek Divorce from you.
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Adv. Pankaj Bajaj
Pune | 700+ 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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