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Women’s Share In Husbands Property In Case Of Divorce In India

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Earlier there were no clear picture on women’s share in case of divorce in India as there were few instances of divorce but now picture has changed a lot. Looking at the current trend of divorce cases, central government has made some changes in marriage law of India to give full justice to the women. The amendments made in the marriage law bill now clearly indicates how the property will be divided after divorce.

Residential Property In Name Of Husband

As per new law now wife is entitled to get 50% share in the residential property of her husband and share in other properties will be decided in the court. Earlier there were no clear definition how the property between husband and wife will be divide in case of divorce. But the clear instructions given by court in case divorce says that now wife will be entitled to get 50% of the residential property which is in the name of her husband (Including ancestral property of the husband) to make her enjoy equal sharing without any condition. But to get the share on divorce, women have to apply for her 50% share in husbands property at the time of filing case.

Residential Property In Name Of Husband & Wife Jointly

In case the property had been registered jointly in the name of both husband and wife. If divorce happens, wife will be entitled to her share share of property i.e 50% and 25% from the share of her husband i.e rest 50%. So all in all she will get 50% +  25% = 75% of the total property where she is a co-owner.

share in husbands property

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[ Image Credit : flickr ]

Other Property

For any other property i.e other than residential property there is no specific percentage decide by law which wife can claim at the time of divorce. Wife can claim share in other property but how much she will get depend upon case to case.

Waiver Of The Six Months Cooling Period

Now husband and wife can file divorce petition together for waiver of six month cooling period. For division of assets, earlier it was mandatory for husband and wife to spend 6 month together before filing divorce. But now if both husband and wife want to get divorced then they can file divorce case together and there will be no compulsion on them to spend another 6 months together. But only if both of them want divorce else they may have to serve 6 month cool off period before getting divorce.

Old Marriage Law

New Marriage Law

Women is entitled for a share in husband’s property – No percentage prescribed, it varies from case to case. Women is entitled for a 50% share in husband’s property – without any condition.
Women is entitled to get share from the property acquired by her husband after marriage. Women is entitled to get share from the property acquired by her husband before or after marriage.
For asset division, husband and wife have to spend 6 month together before filing divorce. For asset division, if both husband and wife want to get divorced then they don’t have to serve 6 month cool off period.

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One comment

  1. Sir, The divorce is accepted by the court ex-parte.The wife has not appealed.Now she wants to claim share in property.It is mentioned in your guidence Women is entitled to get share from the property acquired by her husband before or after marriage.It is not mentioned about the property acquired by the husband from their ancester.Can the wife reopen the divorce exparte judgement claim her share of property. Your reply by e mail is requested.

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