Property rights of wife and children after divorce by husband

[Anonymous]

My husband has filed the divorce petition against me. We have a son and a daughter both of whom are under the age of five years. My question is whether myself and my children will have any right on the property after the decree of divorce is passed by the court? Since he has good amount of property in his name, if not me, at least our children should be able to have some right in respect of such property after the divorce, more so because my worry is that in order to avoid his responsibility towards wife and children, he may transfer these properties to some other relatives.

[Dr. Ashok Dhamija]

If the properties of your husband are self-acquired properties, then your son and daughter will continue to have succession rights in those properties even after your divorce. The decree of divorce, as and when it is awarded, would be between you and your husband. As regards the children, they will continue to be lawful children of your husband even after divorce, even if they live with you after divorce.

However, your husband may dispose of the property during his life time, either before or after the divorce in which situation the right to succession may be a meaningless right.

It may, therefore, be advisable to claim sufficient maintenance / alimony / one-time payment, at the time of divorce or at the time of negotiated settlement, keeping in view of the properties of your husband and the interests of your children and yourself.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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