Wife is not living together does she has right over husband's property

922 votes

Hi. Your wife is a legal heir to you untill you both are divorced. She shall be entitled to a share in the property as long as she is married to you and you dont have a WILL wherein you may oust her. But she cannot claim a share during your lifetime. However, in case you both are divorced, then she cannot claim any share in the property.

Please note that she can ask for alimony or a share from you in case you are seeking separation from her. But whether she is entitled to any claim, can be ascertained by the court only after examining both of you in terms of your incomes and expenses. Moreover, in the event the court comes to a conclusion that you have to pay something to your wife for separation then it is your discretion to pay in monetary terms or from a share in your property.
You can purchase the propetty in your name but if your wife is after your money then please keep it discreet as she can then try to show the court that you are having sufficient income.

Thanks

Advocate Dhruv Rohatgi LawRato

986 votes

Is your wife working anywhere or has any other resources to fulfill her livelihood ? and the another question is have you any child or any case pending under section 125 CrPC. please give me full details about your case and the things which is going on so that I be able to help you out from this situation or can suggest any thing.

Thank you.
Advocate Shakti Verma

Advocate Shakti Verma LawRato

765 votes

U can purchase property in ur name, technically ur wife does not get any share in ur property but she has right to claim maintenance from u u/s 125 Crpc which mandates husband to give maintenance amount to his wife and children and concerned magistrate passes rational order after determining husbad’s salary, his family background, his standard of living etc, therefore u shall not restrain from buying property just for this simple reason that ur wife can claim her share from that property.

Advocate Shikhar Vats LawRato