Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Neha   10 June 2022

Spousal rights to property

Hello, I need an urgent advise. I have moved out of my husband's rental accommodation with my two kids. My husband and I have an acrimonious relationship, but we are not legally separated, and there is no child custody court order.  I am planning to buy a new 2 BHK in Delhi with my savings and home loan. My question is, can my estranged husband legally claim share in that property? Can he forcibly enter my newly acquired property and not leave? Any advise how to mitigate any of these risks?



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 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     10 June 2022

Hello,

can my estranged husband legally claim share in that property?

No. 

can my estranged husband legally claim share in that property? 

No, he has no right to claim the property.

 

Can he forcibly enter my newly acquired property and not leave?

No. If he use force you can approach the local police station.

 

Any advise how to mitigate any of these risk?

You initiate the legal action under DV which will provide you interim protection from husband as per facts of your case.

 

Advocate Bhartesh goyal (advocate)     10 June 2022

 "  No " is answer of your queries. If you purchase house from your earnings on ylur own name then you will be absolute owner of your house, your extranged husband can not claim any righht and share on that house.

 

Neha   10 June 2022

Thanks for the quick response.

I want to clarify few other points that I am aware of

1. What about when wife gets 50% of the husband's property upon divorce, won't same law's would apply in my case?

2. What about when estranged wife's don't leave husband's house until settlement takes place, won't same law's would apply in my case?

3. Can my estranged husband allege that the property is purchased from marital income?

 

Sravika Reddy Kohir   10 June 2022

1)     Hello Neha, I acknowledge your question. As you clearly stated that the property shall be purchased with your own finances then it shall fall under the category of self-acquired property. So, your husband cannot claim for share in it unless he provides finances for the same.  For in coming to the other aspect, he as per law does not have any right to enter the premises forcibly. If he ever tries to do so you can apply for an injunction to restrain him from entering the property.

I hope I have answered your query, if there is any other query do drop here.

Have a good day.

Neha   12 June 2022

Thanks for the quick response. I want to clarify few other points that I am aware of

1. What about when wife gets 50% of the husband's property upon divorce, won't same law's would apply in my case if I buy a new property before divorce?

2. What about when estranged wife's does bit leave husband's house until settlement takes place, won't same law's would apply in my case?

3. Can my estranged husband allege that the property is purchased from marital income?

 

KUNAL   19 June 2022

As you've purchased your home out of your own money, it constitutes self-acquired assets & he cannot lay any claim or share over it. If he tries to enter forcefully into your home, you can file a case for injunction. If you buy a new flat prior to divorce out of your own income it will still remain as self-acquired property. The issue of purchase of assets from marital income will arise if you withdraw funds from an account held jointly by you & your husband and use it to buy your flat.

For further queries feel free to drop by at

estateplanner621990@gmail.com

Have a good day ahead!

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