Divorce cases are on the rise, and lack of legal awareness among people often troubles the matrimonial lawyers. When it comes to divorcing couples, all kinds of myths are in the air, particularly surrounding the financial interests and asset distribution. Advocates dealing in divorce matters share about the unending line of doubts among litigants, like “Can wife claim husband’s property after divorce?”, “Does wife get 50% of the husband’s property after divorce?”, “Can wife claim husband’s parents’ property after divorce?”, and so on. That is the reason we found it crucial to share with our readers the possible outcome of property distribution after a divorce.
Common FAQs on Wife’s Right on Husband’s Property after Divorce
After divorce, how much does wife get in India?
As per Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a wife and certain other relations are entitled to maintenance. The provision states that the term ‘wife’ also includes a divorced wife until she gets remarried. So here, it is clear that a divorced wife is entitled to maintenance or alimony from her husband. How much she gets depends upon the income of husband as compared to wife, and the standard of living which the wife had when she was still married. The same is decided by the Court. The wife may choose if she wants a one time settlement or a monthly maintenance under Section 144 of BNSS.
Can wife claim husband’s property after divorce?
There is no express law which entitles the wife a share in husband’s property. While the provisions for Domestic Violence provide for protection orders, wherein she may be entitled to stay in her matrimonial home through Court orders. However, after the divorce is finalised, the wife has no right to stay in her matrimonial home. She cannot even claim a property owned by her husband unless she could prove her financial contribution. In case of ancestral property, a wife does not have coparcenary rights, and thus, not entitled to any share until the husband is alive.
Does wife get 50% of the husband’s property after divorce?
It depends upon the circumstances in which the property exists. To keep it steer clear, a wife usually has no right in a self-acquired property which the husband bought with his own separate income, without any financial help from the wife. Another case scenario is a property bought by the husband and wife through a loan, wherein both held a 50-50 liability. In that case, both get their 50% share. If the wife had contributed any amount while buying the property, and has enough evidence to prove the same, the Court may order a proportionate share of the wife.
What we wish to clarify here is that many times, husbands come up with queries like “Does wife get 50% of husband’s property after divorce?”or “Will the wife take my car and house?”. The answer is negative, unless she herself contributed to the worth of that property.
Can wife claim husband’s parents’ property after divorce?
A daughter-in-law has no immediate right in a property owned by her father-in-law or mother-in-law. In case of a matrimonial home where she resided with her husband after marriage, she may get right in a protection setup until the legal matters are pending. However, once the divorce is finalised, she has no right even to stay there. There is absolutely no question of ownership or claim over a property belonging to the husband’s parents.
If a wife filed for divorce, can she get alimony?
Many times, people assume that the one who initiates divorce proceedings will be at a loss when it comes to negotiating terms of divorce. However, that is not much of a case. The basic rights of husband and wife remain intact as per the applicable laws. So, even if a wife is seeking divorce, she is still entitled to alimony or maintenance from her husband. If it is a contested divorce, she may seek separation because of domestic violence, or a husband cheating on her. There is an ‘if’ for awarding maintenance under BNSS if the wife is indulged in adultery. It still remains open to the Court to decide whether she is entitled to maintenance or not.
How much property is given to wife after divorce?
There is no established law regarding how much property a wife may be entitled to after divorce. If someone asks “Does wife get 50% of the husband’s property after divorce?”, there is no accurate answer. It depends upon the specific facts of the matter. For example, if a husband and wife jointly purchase a land or a house, both of them paid for it, then it is obvious that she will be getting half her claim. On the other hand, if the property is owned in the wife’s name and the husband can prove that all the payment was managed by him, as reflected through some loan, etc., then he may not be required to part with any of his share in such property.
Thus, it can be understood that there is no provision for wife to get a property after divorce. She is entitled to maintenance or alimony, that too depending upon the husband’s financial capability. If a husband is earning 5 LPA and the wife demands 10 lakhs in alimony, the Court may not allow the same. On the other hand, if the wife can show the marriage expenses forced by the husband’s family upon hers, and the rich family background of the husband, she may again be entitled to higher maintenance or alimony.
