Sumeet (Content Manager) 13 October 2014

Rights of wife during and after divorce proceedings

I am seperated from my wife. Divorce case not filed but she has filed under DV act claiming for right to live in matrimonial household and also maintenance for herself and child. The first floor of our home is exclusively owned by my father, but we have stayed there since marriage until I shifted out in June 2014. The ground floor is part owned by me and my father and is leased to bank. The half ground floor was gifted in my name by father after marriage, but its his self aquired property.

1. Since the first floor home is not owned by me, can she still claim a right to live there?

2. Ground floor is leased commercially, what stake can she claim on that?

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4 Replies

Saurabh..V (Law Consultant) 13 October 2014

@Querist

As soon as the ground floor was gifted to you, you became the owner of the ground floor and as per law your wife now has stake on that floor.

However, first floor, in which you father still enjoys unfettered right of ownership, shall remain free from any claim by your wife.

It is expedient that you first decide about how you wish to take your relation further. Depending on that you should decide how you want to tackle her claims. If need be you may give-away (there are countless ways to do that) your gournd floor property and then your wife would have no choice but to either withdraw her claim or to live with you in a house which you choose as a habitat.

All the best!

//peace

/Saurabh..V

Adv Archana Deshmukh (Practicing Advocate) 13 October 2014

Your wife cannot insist upon living on the floor which is owned by your father if he objects.

Though the groundfloor is partially owned by you, as it is leased to a bank your wife cannot insist upon living there.

Yes, she has the right to live in her matrimonial home wherever you are living or can seek rent in lieu of residence in your house.

Sumeet (Content Manager) 14 October 2014

Dear Archana, Yes the ground floor is on long lease to bank. However, can she claim on part of rent or put some claim on ownership at this moment. Also, please let me know if she can stake any claim on further property that I may inherit. Thanks in advance!