Sir, after divorce, what happens to the property that is jointly owned by husband and wife?
In India, there is no automatic division of matrimonial property upon divorce, unlike in some Western countries. Property division depends on ownership records, contributions made, and mutual agreement between spouses. Property acquired jointly by a husband and wife is subject to legal scrutiny and equitable division based on contribution, use, and purpose.
There are primarily two types of properties:
- Self-acquired property – Property bought by either spouse from their own income.
- Jointly owned property – Purchased in the names of both spouses, either with joint or individual contributions.
If a property is registered in the name of one spouse, they are generally considered the legal owner. However, the other spouse may claim a share if they can prove financial or non-financial contributions (such as home management or supporting the working spouse). For instance, the wife may claim her share by showing that the property was bought using her savings or income.
Jointly owned properties are usually split based on the share each party contributed. In the absence of clear contribution records, courts may treat both parties as equal owners and order division or sale, with proceeds divided equally.
Loan liabilities also play a role. If both spouses co-signed a housing loan, they remain jointly liable to repay, regardless of who gets the property. Banks are not bound by divorce decrees and require a mutual agreement or court order to release one party from liability.
In mutual consent divorce, property issues are settled amicably through a settlement deed or agreement, which is recorded in court. This agreement may include provisions for transferring the property to one spouse or selling it and dividing the proceeds.
Women also have the right to claim residence in the shared household under the Protection of Women from Domestic Violence Act, 2005, even if the property is not in her name. Courts can direct the husband to provide alternate accommodation or allow her to live in the marital home until other arrangements are made.
In summary, division of jointly owned property is based on ownership title, contribution, and mutual agreement. Proper documentation and legal representation are crucial to ensuring a fair outcome.
