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HAs the title suggests, I need to know if my wife will get share in the flat that I have purchased.
I purchased the flat in 2024 with loan and some money paid by my father. The home loan is in my name and my father is co-applicant. There has been zero contribution from my wife since she is not an earning member. My question is if tomorrow she and my in laws decide to opt for divorce, can she claim the share in flat?
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DThis depends on a case to case basis. Usually in such cases if there are no kids and wife is also working the amount of maintenance is not high however there are cases where court wants to ensure that she is able to live a lifestyle similar to earlier wherein more money is given.
Flats though not given away by courts are often a part of the settlement negotiation especially if DV type cases have been filed.
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SI don’t get the point of women living a similar lifestyle post marriage same as in marriage.
Like you divorced, you don’t want the guy, but you want his money?
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SThis is one of the few cases where maintenance is expected. But why should divorced wives have any claim over any property which was attained pre marriage
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DIs it really an acquired property if you are still paying loan on it? Just buying it before the marriage accounts for nothing.
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SAssume the loan is paid off fully. There is no remaining debt on the property. That’s what I would say are assets pre marriage
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DAll such cases are always taken into account.I feel like Reddit just sees two cases in news and assumes women get everything in court. When in reality, women are somehow trying to get bare minimum child support in the court and even after getting it, the men don’t pay. There is no fast resolution to it. In almost no cases the court gives a woman property unless it’s a very rich couple getting a divorce and a house is barely anything to them.
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Mthere’s this magical period between “prior to wedding” and “after divorce” called married time, during which it is joint wealth
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SAgain why so?
Does the wealth of a wife also come under “joint wealth”? Can the husband get a portion from that?
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SThe courts operate from the principal standpoint that any person(s) should become destitute.
The country want to pay for the food and shelter and clothing and medical care for as few people as possible – thus alimony.
Instead of jumping onto the latest woman bashing trend – or whatever else your bubble of information tells you to bash – actually simply Google and look at cases.
There are so many cases where men too have gotten alimony.More importantly working women – where husband’s who are the primary earner – get like 10% alimony on average (exceptions exist ofcourse) to enable them to have a roof over their head. Not because courts or laws or sexist or that women are weak or that women as assholes – it is because the government hates you irrespective of gender and doesn’t want to pay for your shit. The law will force someone else to bear the brunt of this.
The larger problem is that lawyers have essentially monetized domestic violence laws to make money and a small fraction of women have fucked the law so hard that every woman has to hear shit because of it. Like how all men have to hear abiut rapists and perverts. Although % wise creepy men is far more common in every socio-economic strata whereas women who take undue advantage of the law are concentrated at the top half of the socio-economic privilege pyramid.
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EImagine it like this:
A wealthy man marries a woman from middleclass. Fucks her for two years, gets bored, divorces her, and tells her to fuck off. She was a wonderful housewife who cooked well and looked after her husband and in laws. Now she has nowhere to go. No career to fall back on and no security in life. Society views her as damaged goods and she is socially excluded.
Where should she go? What should this woman do?
And the guy marries a new beautiful young woman for another two years. He continues doing this because there is no one to stop him.
Sounds horrible, right? This is what will happen if the alimony laws didn’t exist. Women will be explored, used, and abused.
However, it should also be said that in some cases women who have their own career and are relatively well off are expecting alimony so that they can stop working and live off of alimony for free. This is hypocritical, disgusting, and a big slap on the face of women who are genuine victims.
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MNow a days, hard to find such wife.
Evey other wife is after the husband money, do not wants to work. Never want to see in laws staying in the same house.
Where do you see such wives?
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Fyes,
you will pay the emi and your wife will live in the flat, will cheat and sleep around whille you watch.
that’s how the law is.
people literally see their wife w..ore around while paying the loan
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SYes. In fact if it’s not possible to split the property, and you already have an ancestral property belonging to your father, then the court might hand over the new apartment to her.
Monthly alimony is on top of this fyi.
That’s basically what usually comes out from family courts. If you petition higher, then depending on the case, a favorable ruling might come for you. But the easy and almost default outcome is the one you are anticipating in your post.
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HThe property in question isn’t ancestral property. It is purchased after I got married in 2022. My question is since the loan is in my and my father’s name, what rights does my wife have it over the property? The property costs 42 lacs out of which 15 lacs were paid by father and rest 27 lacs were in loan in which my father is co applicant.
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WI hope she gets a divorce knowing she’s slaving after you, without having a paying job and is dismissed as not working and then cut out of property
Yikes
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BYes she will be entitled to it. I know a case going on where the husband is refusing to continue paying the emi for the house they bought after the divorce. The better thing here is to sell the property and split the money between the two. I don’t know what will happen in your case because the emi is in your father’s name but i think you can do the same thing here.
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MWife is not working outside the house doesn’t mean she isn’t contributing to your ability to pay for the house. If you’re living in the house, it will be considered the marital home, which belongs to wife as much as husband.
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HWe are not living in the purchased home as of now. We are living in different city since last 2 years. The flat was purchased during these 2 years. It is till unfinished as of now.
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HYes. Basically my parents, my wife and me are all of us living apart. I am at my Job location in bordering state, parents are in Mumbai and wife in rural western maharashtra. I have purchased the property in Mumbai while it was under construction and still some work has been left. So we are not living in the purchased property and won’t be living there in near future unless I get a job in Mumbai.
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DSo you are not even going through a divorce but collecting information for a divorce? This is why courts give alimony. Is your wife contributing nothing or is her labour unpaid?
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SIn short – YES
Long answer –
Despite the recent virtue signaling and hate against women the courts are not that sexist.
If your wife is a non-working member as you state, she is entitled to have similar “quality of life” as she did during marriage and she is entitled to have a roof over her head.The courts operate from raw standpoint that no citizen should become destitute and also reduce the governments expenditure and involvement In providing food and shelter to any citizen if it can be avoided.
So she will be entitled to alimony (yes even if she is the one who cheats or is the cruel person and cause of the divorce or fuck that – she will get alimony even if she’s the one who has filed for divorce)
Alimony, unless you’re an HNI or UHNI or some exceptional circumstances, is 20-30% of your net take home salary after taxes if the wife is not a working member.
There are also “one time settlements” where you pay once and no monthly (inflation adjusted) payments.You have to now provide her a roof over her head if you have more than one house or provide her essentially with rent money.
Your house that is bought by you by your money is now a joint asset because you’re married.
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KNAL
Are you for real bro?You’re wife is taking care of your home and you and is also pregnant with your baby (mentioned in profile).
Marriage is a partnership. Your wife may not have contributed financially, but she contributed in ways that allowed you to earn, managing the home, cooking, cleaning, and now literally growing your child. Courts recognize this, which is why marital assets, including a house bought after marriage are considered joint property. You don’t get to reap the benefits of a homemaker’s unpaid labor and then act like she’s a stranger when it comes to assets. She absolutely has a claim.
Men like you are the reason women these days are scared of marriage.
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HMy wife went to her parents home when she was in 7th month of her pregnancy. My baby boy was born in last year November. Ever since then she and her parents have refused to send her to me or my parents home citing different reasons every time. Perhaps I didn’t consider these details will be important to the question I asked. All I wanted was a factual answer here.
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KFact – she did contribute to your home for as long as she lived with you. So yes, she is entitled to her share of the home you purchased.
Question – do you not want to give her her share of the property on case a divorce happens? Is all the labor she did for your family unpaid? – taking care of you (and your parents if applicable), keeping your home clean, cooking, managing the household, growing a whole human being inside her and giving birth to him, caring for him and keeping him alive and well.
Are you saying women who chose to or are forced to work at home are working for free and deserve no payment?
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HI was there and every month I visit her once every 15 days. Her current city and my city as 400 km apart.
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H💯
absolutely. Make money off unpaid labour for the whole family and act like the wife is being greedy when asked to be compensated for time and effort towards the household (which she could have actually spent at a workplace getting PAID)
less than 10% understand opportunity costs, or be deliberately obtuse about it, not sure which is worse
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QAgain, Marriage is a partnership. She enjoyed his income too right which allowed her to sit back at home and not have to work when pregnant?
Why are people entitled to a similar quality of life when divorced since that benefits came with being married?
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K>She enjoyed his income- no sir, she did not. She contributed to his income, fed him, took care of him and kept the house clean in order for him to go to work and bring in the paycheck. She also contributed just as much, if not more for the income he’s making.
She did not enjoy it – she worked for it.
Its not his income – its their income. Grow up. It family money.She can any day work a paying job when she decides she wants to. Can he anyday grow a whole human being and give birth to it when he decides he wants to? The brunt of labour pre and post pregnancy falls entirely on the woman. Or do you think that’s not work?
>Why are people entitled to a similar quality of life when divorced since that benefits came with being married
She is entitled to compensation for the quality of life that she provided him and for all the labor that she did for their family. The man goes to work, gets paid. The woman also goes to work(managing home) – who pays her?You’re very young, please understand this – both types of work is still work. Bringing in money is neither the only way to contribute to a family, nor is it the superior way.
So let me get this straight—a man feels forever indebted to his parents because they raised him, fed him, and took care of him. But when his wife does the exact same thing after marriage, it’s just… expected?
If caregiving creates lifelong debt, shouldn’t he be just as devoted to his wife as he is to his parents? His mother’s responsibility lessens after marriage because his wife takes over the role of feeding him, caring for him, and managing his home. So why is one treated as sacred duty and the other as unpaid labor?
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Q>She did not enjoy it – she worked for it.
Its not his income – its their income. Grow up. It family money.Yeah, till they were married. But were all his earnings the result of her housework or HIS efforts at his job?
>So let me get this straight—a man feels forever indebted to his parents because they raised him, fed him, and took care of him. But when his wife does the exact same thing after marriage, it’s just… expected?
The wife won’t be taking care of him after marriage though. Why should he feel indebted to her? These same words are used again homemakers- he brings the money and all that shit. deplorable.
>no sir, she did not. She contributed to his income, fed him, took care of him and kept the house clean in order for him to go to work and bring in the paycheck. She also contributed just as much, if not more for the income he’s making.
You believe managing a household is more work than a job? especially in India where we have such easy access to maids?
Housewives do work. Didn’t deny that. But why do they have the right to the same standard of living after the divorce too? They can work and earn too.
And when a woman is pregnant- it’s her choice to be pregnant. No one forced her or that would be rape. And then the husband’s the one managing the expenses so she doesn’t have to go to her job. It’s 50-50.
Now when they are divorced, she won’t do his work. He won’t have to provide for her.
Again, if she didn’t want to sacrifice her career, she shouldn’t have had a kid? Like isn’t that just common sense. She knew the consequences.
I’m even against this in the gender neutral sense. Like do people not think before leaving their jobs?
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KAlright, let’s break this down in a way that makes sense.
1. “Were all his earnings the result of her housework or HIS efforts at his job?”
His job is possible because she handles everything else. Cooking, cleaning, managing the home, and now, growing his child. If she wasn’t doing that, he’d be spending time and money outsourcing those tasks. His ability to focus on his job is directly supported by her work.2. “The wife won’t be taking care of him after divorce, so why should he feel indebted to her?”
By this logic, why should anyone feel indebted to their parents once they move out? They’re not taking care of them anymore, right? But people do feel lifelong gratitude toward parents because of what they’ve done for them. A wife does the same—she runs the home, provides emotional support, and in many cases, even puts her career on hold for his benefit. That labor doesn’t become worthless just because the marriage ends.3. “Managing a household isn’t more work than a job, especially in India where we have maids.”
A maid does one task—sweeping, mopping, or dishes. But who ensures food is stocked, bills are paid, maintenance is handled, pets are cared for, and
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SCommen 2 –
The courts operate from the principal standpoint that any person(s) should become destitute.
The country want to pay for the food and shelter and clothing and medical care for as few people as possible – thus alimony.
Instead of jumping onto the latest woman bashing trend – or whatever else your bubble of information tells you to bash – actually simply Google and look at cases.
There are so many cases where men too have gotten alimony.More importantly working women – where husband’s who are the primary earner – get like 10% alimony on average (exceptions exist ofcourse) to enable them to have a roof over their head. Not because courts or laws are sexist or that women are weak or that women as assholes – it is because the government hates you irrespective of gender and doesn’t want to pay for your shit. The law will force someone else to bear the brunt of this.
The larger problem is that lawyers have essentially monetized domestic violence laws and a small fraction of women have fucked the law so hard that every woman has to hear shit because of it. Like how all men have to hear abiut rapists and perverts. Although % wise creepy men is far more common in every socio-economic strata whereas women who take undue advantage of the law are concentrated at the top half of the socio-economic privilege pyramid.
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RYes, if you die intestate.
hence her non-eligibility as a legal successor to your properties needs to be clearly written down in divorce settlement agreements (in case u get mutual divorce or request judge to clearly put in judgement for contested divorce)
Alternatively, just write a will and put some other trusted person as your legal successor (so marriage or divorced spouse claims will not be considered as relevant). Get it legalised/registered so there is no loopholes later for anyone to exploit
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PThe alimony & maintenance is decided case to case basis. All the assets & liabilities of both the parties are considered while deciding on the alimony or maintenance. If your wife has no means to maintain herself, you will be asked to give her something. It need not be the house, it can be a fixed amount every month or one time settlement. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
If you are asking this hypothetically, ask your wife to get employed or earn at least something that makes her financially capable. when she is independent and has her own earnings, she will be a different person.
For further clarification consult us [https://g.co/kgs/aXdQ25Z](https://g.co/kgs/aXdQ25Z)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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