Akhilesh Srivastava (Consultant) 24 June 2016

Spousal rights to pre-matrimonial real estate

I need immediate advise on how I can prevent my wife getting any share in my real estate in the event of divorce. Please note I own two propeties - a house in USA and an apartment in India. Both properties were registered/acquired prior to my marriage...but continuing to pay EMIs after marriage and still continuing to pay them. I would like to know - in the event of divorce - can my wife file a calim for those 2 pre-matrimonial properties. One of my know lawer advised me to transfer the apartment in India to my sister's name...that can prevent my wife getting anything. The lawyer in India told me - despite the fact - my property in India was acquired prior to marrieage - my wife can still claim it in the court of law.

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3 Replies

Vijay Raj Mahajan (Advocate) 24 June 2016

It all depends where you are seeking divorce, if in India, the wife has no right to claim any share in any of your property purchased/booked before or after marriage, but if you are seeking divorce in USA, the wife will get share in the properties owned by you anywhere if you never entered in any pre-nuptial or post-nuptial agreement with the wife with regard to her claiming share in your properties in case of divorce between both of you.

Kumar Doab (FIN) 24 June 2016

The judge may decide alimony as per your estate.

If you transfer in someone's name then OP may claim it was to avoid cost/claim.

Moreover how would you take it back.

Let a very able counsel opine after examination of all docs on record.

Khush 28 June 2016

yes she has no right in india in ur properties.

but remember if u go for contested divorce, and if she files an applicaiton for permanent alimony, judge before deciding the amount of fixed permanent alimony may take into consideration ur properties. due to which the alimony may go higher side.

so it wil be beneficial to transfer some property to ur mother's name before filling any case.