A divorce can be described as the legal process of dissolving an existing marriage which can be done in court. The mental stress of going through the divorce process can be exhausting and stressful for both partners. Legal settlements such as maintenance, alimony, and property create more complications.
Couples can be financially secure during their marriage, but it can be completely different following separation. They should be aware of rules and procedures to determine who will get what part of the property in order to solve one of the most concerning issues.
Legal property rights include the rights to acquire, own, sell or transfer property and the rights to receive rent, hold one’s salary, sign contracts, and even file lawsuits.
The most challenging problem that arises during this time is women’s property rights after divorce. The rights of wives to their husband’s property as part of a divorce settlement depends on several factors, such as how the couple separated and the reasons for their separation.
Property rights of a wife after divorce if the property is in her husband’s name
In the case of a mutual divorce, if the property is owned by the husband, as per the law, the wife has no right over the property. In accordance with the Registration Act of 1908, the property belongs to the person under whose name the property has been registered. In the case of the bank, it belongs to the person under whose name the loan has been granted and is accountable for paying the loan installments.
Even if the wife hasn’t contributed financially to the construction of the house, the husband has no legal right to ask her to leave the house until and unless they get legally divorced by a competent authority.
The wife is entitled to remain in the house until the day the marriage is declared invalid by a competent authority. When they divorce, she has the right to request the cost of maintenance and expenses to support her children and herself, but she cannot request the property as part of the divorce settlement.
For instance, the husband purchases an apartment for himself and his wife when they get married, and the property is registered in his name. The husband and wife resided in the same house when they were married.
When a divorce is in issue, the wife will be stripped of all rights to that apartment, and the husband will keep the entire property.
In a slightly different scenario, where the husband and wife together purchased the apartment, but it is registered under his name, the wife can’t claim it. However, she can prove her financial assistance in purchasing the property by presenting bank statements and other evidence.
Property rights of a wife after divorce in a joint property
There are numerous reasons for couples to purchase joint property, such as tax savings, easy savings, or where both parties contribute towards the house purchase.
When the property is registered as joint property, the wife is entitled to claim ownership in the event of divorce. According to the percentage and amount of contribution made, the court may offer her a share as a part of the divorce settlement.
For this woman’s property rights, she will need to produce documentation of her contributions to get the property in her husband’s name.
To claim her rights, she must present the bank statements. If the couple purchases a home together, it’s considered joint ownership.
In accordance with the Hindu Succession Act 1956, as a co-owner, she has the right to stay in the home until the divorce is completed and the divorce property settlement is finalized.
Section 27 of the Hindu Marriage Act, 1956
This section gives the court the authority to make decisions on matters pertaining to property that are presented jointly to the couple at the time of their marriage.
However, the property couples purchase during the existence of their marriage will not be covered under this provision.
If a spouse wishes to obtain an order under this section, the spouse must put up an application before the divorce proceedings are over.
However, the Court does not have the jurisdiction to make an order related to any other property owned jointly or individually.
Property rights of a wife if the husband does not divorce the wife but strands her
In the event of a husband leaving his wife without taking a divorce, the rights to property of women state that her children and she herself have the right to declare their share over their father’s property. If the husband has kids from another woman, they have the right to property proportionally. If a property is owned by the husband, the first wife, and her children will have the initial rights over their father’s property.
In this instance, the husband or father becomes the property’s fourth shareholder, and the children from the second marriage and the second wife get their entire share from his share. In order to get a full share, the second wife should marry the guy only after the first wife’s divorce property settlement. In this way, the second spouse is considered a legally married woman, and she and her children can only claim women’s property rights when they are together.
Property rights of a wife after divorce in terms of movable property
In accordance with the Transfer of Property Act (1882) property of all kinds, except immovable property, is known as movable property.
Stridhan
In the words of the Smritikars, these are the things that a woman is gifted at the time of the marriage. These might include jewelry, cash, etc., and the wife will also have the right over these items following divorce. In the event that the husband has contributed to the purchase of these gifts, he has the right to get his stake after the divorce.
It has now been established what consists of Stridhan by the Supreme Court –
- Gifts exchanged prior to the nuptial fire.
- Wedding gifts during the ceremony.
- Gifts presented by her mother-in-law or father-in-law to show gestures of affection on the occasion of her wedding.
- Gifts from the moms, dads, and brothers of the women.
Insurance and investment
The wife has no right over the investments made by her husband under his name. The wife can also not claim the benefits of any insurance for which payment has been made under the husband’s name.
But, if the marriage isn’t dissolved legally, and the couple has just begun living separately, the wife can claim the insurance amount in the case of the death of the husband.
CONCLUSION
Divorce can be extremely stressful for both the husband and wife. In addition to the emotional stress, there are a variety of legal issues that need to be addressed during the divorce process, which adds to the stress.
Legal advice for divorce is vital to safeguard the rights and assets of both parties, especially those related to property rights. During a divorce consultation, an experienced attorney will advise on the legal process and help you figure out how best to protect women’s property rights after divorce.
It is crucial that women understand their rights and how property division laws can affect them so that they can make educated decisions regarding their future.
A good lawyer can offer the legal advice and direction needed by women to defend their property rights and obtain a fair settlement during the divorce.
Property rights for women have developed and changed over time for the betterment of the position of women in India. Particularly in countries such as India, where women are not employed or are underpaid, financial support after the divorce is essential.
Sometimes, financial restrictions make it impossible for a woman to divorce, and she is forced to live in miserable conditions. This is why making laws that help women grow and become independent is essential.
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