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Q.

In divorce how are assets divided in India?

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As per my opinion, the divorce thing is not a good thing at all and one should always try to stay away from it unless it’s really problematic and causing your peaceful life a headache. It ruins the lives of husbands, wife and childrens due to some reasons and should be avoided as much as possible. If you can sort out things easily, it's good. If you can’t handle it, separation is the way to your happy life. As per the legal act, there is right of both the husband and wife on the properties they purchased. Let’s understand divorce settlement in India.

In divorce how are assets divided in India?

1) If the property is purchased by the spouse before or after the marriage, the property will be preserved by that partner well after the marriage is ended, as well as the other partner will have no claim to it. 

2) The property division after divorce or separation of both the partners, they both have the equal rights and shares to the property if they contribute equally to the funds while buying the property.

3) If the husband bought the property in his name and the wife looks after it, it is presumed that both people are similar and equal owners.

4) The property will be divided equally to both the partners after separation of them.

5) According to Benami Property Transaction Act’s Section 4, if a husband purchases a property in his wife's name, the husband would not be able to claim ownership to the property.

You would have got an idea about divorce settlement in India.

Manage your property in an efficient way with NoBroker property management. If you want help drafting an agreement to sell house, don’t hesitate to take help from property lawyers via NoBroker Legal Services

 

Read More: Can wife claim husband property after divorce in India? What are the rights of wife in husband property in India?
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