Property rights are the legal rights to obtain, possess, sell, transfer property, rights to receive rent, keep one’s salary, enter into contracts, and file lawsuits. Among all of this the most delicate issue is the right to property of wife after divorce. The right of wife in husband’s property after divorce relies on a variety of factors such as reasons for the separation of husband and wife.
TYPES OF DIVORCE
Under the Hindu Law divorce is of two types:-
- Mutual Divorce– Under section 13-B of the Hindu Marriage Act, both the parties agrees and express their consent for peaceful separation, the alimony and child custody issues is already dealt between them. To file for mutual divorce one must have mutual consent and the parties have been living separately for at least one year. If the property is in the name of the husband, in the eyes of law, the wife has no right over the property.
- Contested Divorce – Under section 13 of the Hindu Marriage Act deals with when the party has caused cruelty, conversion of religion, unsound mind, communicable disease or unheard for more than seven years i.e. desertion. The wife can claim maintenance and livelihood cost from the husband for her and the maintenance of their kids but not the property share.
METHODS BY HOW CAN YOU KEEP YOUR INHERITANCE TO YOURSELF
In divorce the distribution of property varies cases to cases. When the parties are unable to reach on the same agreement for the distribution than the role of courts comes into play into considering several factors for the property distribution after divorce.
- SEPARATE OWNERSHIP – It is a self acquired property of any of the spouses, wherein the other spouse does not have any right over such property. As the spouse with self acquired is the absolute owner of the property and payment for such property has been made through personal income of such owner, be it the husband or wife.
- JOINT OWNERSHIP – It is a joint property owned jointly by husband and wife and thus the property has to be divided within husband and the wife.
- BENAMI TRANSACTION – It is a property bought in the name of the wife out of trustworthy relationship while the husband pays the wholesome amount. Therefore, the wife is the real owner of such property. However, the husband can claim the ownership of such property if there is prove of payment in pursuance of buying such property.
- ANCESTRAL PROPERTY– Marriage gives birth to several rights to the parties including financial rights. The daughter-in-law is not entitled to any share in the ancestral property of husband because share in the ancestral property is accessed through birth and not marriage. Hence, property distribution after divorce in India does not grant any right to the ex- daughter-in-law in the ancestral property.
- INHERITANCE PROPERTY RECORDS – This includes documentation on where the funds or property came from, who it was intended for, the purpose it was provided, any changes in value, and where it is maintained. Having these items can be extremely helpful during a divorce to prove its separate nature and protect it from distribution.
- PRENUPTIAL AND POSTNUPTIAL AGREEMENTS – This are the strongest way to protect the separate property of the spouse. The separate estate and any potential inheritance, or gift, can be clearly defined in an agreement along with rights and responsibilities of both spouses in the event of a divorce. These agreements are very popular with individuals entering into second marriages to protect family inheritances and preserve their estate for their children from previous marriages.
Our legal experts at G.S. Bagga & Associates are experienced in property division and asset protection at the time of divorce. Our specialised lawyers ensure that our client’s rights are fully protected. Our legal team aims to work diligently to understand our client’s situation, goals, and objectives.
LAWYERS AT G.S. BAGGA & ASSOCIATES ENSURES THAT ALL THE FOLLOWING THINGS ARE TAKEN CARE OF
- Our legal experts review any prenuptial or postnuptial agreements and evaluate the enforceability of any agreement.
- Our legal experts determine all the property/assets that are to be divided.
- Our legal experts prepare and review all relevant financial documents and records.
- Our legal experts find any hidden assets.
- Our legal experts work to divide property including real estate, retirement accounts, family heirlooms and complex property division.
- Our legal experts negotiate for a successful property division settlement.
- Our legal experts prepare for any litigation process if other spouse is not ready to cooperate, or if litigation is in your best interests.
LAWYERS AT G.S. BAGGA & ASSOCIATES PROVIDE SOLUTION TO THE FOLLOWING ISSUES
- Business assets.
- Inherited assets.
- Offshore assets.
- Properties (Rental, Residential, commercial, land).
- School fees.
- Spousal maintenance.
- Child Maintenance.
- Injunctions to freeze assets.
- Child Custody.
- Vehicles, etc.
- Life insurance policies, term and universal.
- Trademarks, patents, and copyrights, otherwise known as intellectual property.
HOW DIVORCE LAWYER AT THE LAW OFFICE OF G.S BAGGA AND ASSOCIATES MAY ASSIST & HELP YOU?
- Our legal team compromises of experienced high-net-worth divorce lawyers specialized in all aspects of family law, including matrimonial finances, prenuptial agreements, international law and matters involving children. This allows us to provide every client with a service that combines a wealth of efficiency and creativity to ensure the best possible outcome.
- We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
- We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
- We help is maintaining the local assets, collect records, liabilities o that the divorce settlement is addressed.
- We ensure that our clients receive the share of property that the marriage has brought in.
- We help in protecting our clients from any debt that is owed to the other spouse.
- We provide great assistance while preparing the papers for divorce with all the essentials and information required.
- We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
- We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.
- We ensure our best in winning the case for our clients.
- We ensure that our clients are taken care of every need and provide the justice that they want.
The best thing you can do to ensure a positive outcome from your divorce case is to hire the right divorce advocate to help you navigate this process. Your advocate can provide the objective point of view of your situation that you may need to counterbalance the emotional weight of the situation. When it is difficult to focus on practical matters because of denial, anger, or despair, your advocate can be the voice of reason who guides you through your divorce case with your best interests in mind at every phase.
At G.S. BAGGA & ASSOCIATES, we understand the emotional side of divorce and help you prevent it from interfering with the practical side of the process. Our firm has years of experience helping clients navigate complicated divorce proceedings in Delhi and can put this experience to work in your case. If you are having trouble accepting that your marriage is ending and are unsure of what you should do next, contact us on G.S. BAGGA website and schedule a consultation with our team. We will help you maintain a more objective view of the situation and preserve your best interests through every phase of your divorce case.
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- How to prove that my spouse is hiding his/her wealth? – If there is any suspicion about your spouse hiding his/her wealth reason being to avoid it from being included in the divorce settlement than it is your right to peruse his/her bank and credit card records and seek disclosure from trusts.
- Is my spouse entitled to my inheritance in a divorce settlement under division of property? – Any money, property or other assets you inherited both before or during your marriage, or that you are due to inherit, could be included as part of the divorce settlement. Your individual circumstances will determine whether or not a specific inheritance will be included in the settlement. You can avoid by postnuptial agreement.