The concept of matrimony in India is seen as a divine bonding of 2 spirits, so as a result, any division or separation within a married couple is scowled down and swept beneath the rug. Furthermore, there exists no significant clause in legal separation that entitles the lady to her spouse’s property, wholly or partially.
Divorce is defined as the formal termination of a matrimonial relationship by the judiciary or some other competent entity. Both the partners equally suffer a very uncomfortable scenario during and after a divorce. Aside from the psychological stress, there are a handful of technical issues that must be addressed during the separation process, adding to the anxiety. The distribution of the husband’s assets, especially the property, including mobile as well as fixed, is a major burden. Apart from some rare situations, the women in India would not possess entitled to demand their partner’s property after a divorce.
Let’s see some of the instances to better comprehend a woman’s rights in her husband’s property following a divorce in India.
What are the Ownership Entitlements of a Female Whose Husband Has Deserted Her?
If the man abandons his wife and does not separate from her lawfully, the woman and her kids are entitled to a portion of the husband’s estate. When the man has had children from a previous wedding, his lawful spouse, as well as her children, are given priority under the constitution.
For example, if somehow a man owns a land, the lawful initial spouse and her kids may demand their inheritance in the land possessed by their biological male parent. In this situation, the man becomes the land’s third stakeholder if there has only one child with his 1st wife, and the progeny through the next marriage, as well as the new wife, are eligible to inheriting only the man’s portion of the land.
Whenever a Female is a Stakeholder in a Property, What are Her Ownership Privileges?
If a married couple buys a house together, the woman does have the entitlement to live there till the separation is confirmed lawfully. If a woman is also the owner of the residence/property, her spouse cannot force her to depart. During or after a lawful divorce, the woman can apply for a resolution of her part with the man, and he is responsible for paying her half.
What are a Woman’s Ownership Entitlements When the Property is in Her Spouse’s Title?
Whenever it relates to a consensual separation involving assets that are in the husband’s ownership, according to the constitution, a woman has zero rights upon the husband’s estates. The commodities of property remain with the individual under whose name it is documented within the perspective of the legal institution. If an estate or land is recorded solely in a single individual’s ownership and that individual is also the sole one who pays the property capital credit. Then, for a separation settlement agreement, the court awards ownership of such an asset.
In conclusion, according to a female’s property privileges, that lady is allowed to remain in the property until the marriage is dissolved, which occurs when the law determines that the married couple is legitimately divorced. After the couple’s legal separation, the woman could demand the partner’s sustenance as well as economic costs for herself, including their children, but the property portions are never divided as part of a separation asset settling agreement.