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Divorce is a word that not only breaks the relationship of husband and wife but also two families. Divorce also affects those innocent children who become victims of the separation of their parents. But the matter of divorce is not only legal or familial, but many financial rights of the husband and wife are also linked to it, so it also affects the earnings and pockets of people. In such a situation, the division of property between husband and wife after divorce is an important issue.
Whenever there is talk of divorce, the social and financial rights of women are often discussed. But very few people know about the rights related to men in divorce cases. In case of divorce, does the husband have the right to protect his and ancestral property? Let’s understand…
Know what are your rights
Many questions must be coming to your mind regarding divorce. After divorce, along with the wife, the husband also has some financial rights…
- Husband’s right on gifts – The husband has the right on the gifts given by the wife’s parents before, after or during marriage.
- Gift in wife’s name- Any property which is purchased by the husband in the name of the wife, but is not given to her as a gift, the wife does not have the right over it.
- Wife cannot make full claim- The wife can claim any property only if she has purchased it herself. If the husband has contributed in purchasing that property, then the wife cannot make full claim over that property.
- Husband’s strong claim on a significant portion- If the husband and wife buy a property together, but the husband finances it, then in case of divorce, the husband’s claim on a significant portion of its total value can be strong.
- Property is divided- If both the husband and wife have taken a loan on the property purchased together, then in the case of divorce the property is divided. This division is done keeping in mind the ratio in which the husband and wife have contributed financially.
Division of property between husband and wife
In case of divorce, if the husband has purchased any property and has paid for it himself, then that property will be considered to be of the husband. On the other hand, if a property is bought by the husband and that property is in the name of the wife, then the wife will be the legal owner of that property. This is valid until the husband proves that he has paid off the loan of that property, then he can claim it. If the husband has got rights in his father’s or any other ancestral property, then the wife cannot make any claim on it.
