Rajeev Narang
Asked August 12, 2016

sale of property before divorce

  • 3 Answers

In marital dispute if the husband wants to sell the house which is in his name and want to move to another city , can wife put a beneficiary claim on the proceeds from the house when she already has two house in her name of her own.

Answers 3

Default avatar
Saumya Kumar
Since the husband is the owner of the property, he has the complete freedom to sell the property as and when he wants. The wife does not have any right over the property if it was sold before the court proceedings are initiated. In case the property is sold during the divorce proceeding the Court may upon the request of the wife stay the sale of the house but this is possible only if the Court thinks that the sale will make it difficult to determine the alimony amount or the maintenance amount. If the sale is already done then the amount paid for the property will be the husband's income and Court generally awards the alimony amount based on the income of the husband and financial conditions of the wife. So the income from the property may influence the amount of the alimony.
Agree Comment 0 Agrees over 5 years ago

Hello Rajeev,

I guess you are the husband. Go ahead sell the property as long as the wife has not been granted any order from the court for the property in question. Even if your wife chooses to make an application and stop you from selling your best defence is she already has 2 houses in her name and the sale will not in anyway affect her well beimg

Hope this settles your query

Adv Atul


Agree Comment 0 Agrees over 5 years ago

Default avatar
Asmita Rakhecha

In case of a marital dispute, the wife has a right to claim maintenance as per Section 125 of the Criminal Procedure Code, 1973 however this does not provide for a monetary right over the property owned by the husband. The Domestic Violence Act, 2005 provides for a right in the shared household under Section 17. Thus, as long as the marriage subsists, the wife has a right to reside in the shared household even though she might not have any legal right over such property. This section, however, does not provide for any monetary benefit that can be accrued by the wife in case of disposal of such shared household. Further, under the same act, ‘Economic Abuse’ as defined under Section 3(d)(iv) includes “disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person”. The Marriage Laws (Amendment) Bill, 2010 provided for a right in the husband’s property in case of divorce. However this Bill was not passed. In your case, since the wife already has two properties in her name, it might add to the difficulty in proving in a court of law that the wife is in dire need of the monetary benefit arising out of the property being disposed.

Agree Comment 0 Agrees over 5 years ago

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