Satyanarayana Reddy (Job ) 06 April 2019

Wife rights in property during/ after adivorce

Hi Experts,

I would like to know the rights of Wife (So called) in the property of the Husband during the process/ after Divorce. Here below are my queries.

1. Wife Rights on property WITHOUT custody of the kids

2. Wife rights on property WITH custody of Kids

3. If the property is still under Bank loan with the loan taken in the name of Husband + Wife, But the FULL EMI was still paying by Husband only, then whether Wife is still eligible for Get a share in property.

4. If the property is still under Bank loan with the loan taken in the name of only Husband and FULL EMI was still paying by Husband only, then whether Wife is still eligible for Get a share in property.

5. Is It wise to pay some amount towards House loan to reduce the financial burden considering the ongoing Divorce process (Case still in progress).

Appreciate if anybody can share any link on this subject which has details on this aspect.

Please assist.

Regards,

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3 Replies

Dr J C Vashista (Advocate) 07 April 2019

Lengthy and subjective question paper.

What is your locus standie?

Why do you not seek guidance of a local tutor.

Vijay Raj Mahajan (Advocate) 07 April 2019

Is the property registrated at the Registrar's office in joint names of both husband and wife? If not but only in the name of husband, than the wife has no right to claim any share in the property. The bank loan was approved in joint name was by the bank to recover the amount from the other spouse if the main owner of the property, namely the husband is not alive, the other spouse is bound to repay the bank dues. That bank loan in joint name doesn't make your wife joint owner of the property. You're both bound by bank loan irrespective of the real owner of the mortgaged property. Rather it's a sword hanging on your wife's head of the bank loan even after your divorce of the property where she's nothing to get.