Questions Legal

How many shares can a wife claim on the husband's property after divorce?

Airtract

Payal Waqif

Work for a better future

At the time of divorce, assets always remain an important area of the dispute at the time of dividing the share between husband and wife. As per law, a woman has right on the properties of the husband at the time of separation. 

In the case of a Hindu wife, she will have no rights on both Self-acquired as well as ancestral property. A point to be noted here is that just like a wife, the husband will also have no right on the properties acquired by the wife (applicable when both partners are educated). 

After divorce, the wife will be entitled to nothing. All she can get permanent alimony at the time of seeking a divorce and also maintenance for a fixed sum subject to the fact that she is earning nothing as was a housewife and until she gets married again. 

Based on Section 125(l)(a) of the Code, the maintenance allowance will not be granted to all wives who get neglected by a husband or in case the husband is refusing to maintain the needs of her. It will only be given to the wife who is incapable of supporting herself and not to a wife who will be supporting herself but with some difficulty.

At the time of filing the divorce petition, the wife can ask for compensation for making the divorce happen. If you look at the USA law rules there, we can see that the wife is entitled to get a 50% share of the husband's properties, which are acquired by him after the marriage with the wife. In this regard, we can say that the USA wives are in a better position regarding getting a share on husband property at time of divorce compared to the Indian wives.

In case the property is jointly held by the husband and wife, then that will be proportionately divided between the two in case of divorce. In certain specific conditions, if the wife claims and the court finds it justifiable, then she can get a share in her husband’s property. 

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