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Dnyaneshwar Vaidya (Officer)     22 November 2023

divorce

good afternoon all

Dear sir

I am married from last 17 years having two children's aged 12 years and 11 years I want to divorce my wife but I want to ask one query, I bought house and have some substantial investment in shares but all these are in her name although it has been purchased from my own earning as she is housewife can she claim that?? how can I get it back??


Quick Summary
A man married for 17 years with two children is seeking a divorce and is concerned about substantial assets like a house and shares, all purchased with his earnings but registered in his wife's name. He wants to know if he can reclaim these assets. The advice suggests that legally, without her admission or willingness to transfer, reclaiming the property is difficult, though a court may consider it during divorce proceedings, potentially affecting maintenance payments. The court will also ensure child maintenance is provided for, and the father is reminded of the impact of divorce on the children.

 5 Replies

S.JEEVAGAN, Madurai. (Advocate, High court )     22 November 2023

Sir,

Even though everything has been purchased in your wife's name out of your own income, you cannot claim it to be your own property in case of any dispute regarding it.

Unless she herself admits that you were the only  source of income for purchasing those properties and expresses her willingness to transfer the same to you, you cannot get back those properties albeit the same were purchased out of your income.

However, in case of divorce, the court will consider this aspect and may not direct you  to pay maintenance to your wife which you are otherwise required to pay, if she prays for grant of maintenance. 

Dnyaneshwar Vaidya (Officer)     23 November 2023

thank you sir

S.JEEVAGAN, Madurai. (Advocate, High court )     23 November 2023

This is, however, not a reason to absolve you from your liability to maintain your children born out of this wedlock,  The court will surely pass necessary orders in this regard and you will have to make necessary arrangements there for.

Last but not least, you have to bear in mind the adverse consequences of the divorce on the life of your two children for no fault of theirs. This is very very important.

Dnyaneshwar Vaidya (Officer)     23 November 2023

Dear sir she do not have any income source the same can be proved to as all the money to buy house or shares has been transferred from my own account still I cannot claim it

P. Venu (Advocate)     30 November 2023

In my understanding, you can plead and adduce the evidence that the property has been purchased of your funds and hence you are the true owner. Have you advanced pleadings to this effect.


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