Wife's right on joint property that's completely paid up by husband?

[curadhan74]

If Vijay sir can answer this please. You have answered my earlier query:
"Join property - all paid up by husband. Wife seeking divorce - can she ask equitable right to this property?"
http://in.answers.yahoo.com/question/index;_ylt=AkxvmJabj6O1.ItHFGKlpbWRHQx.;_ylv=3?qid=20120101054329AAXynpu

You have mentioned that the matter of property can be settled first in the family court before dissolution of marriage. We tried through mediation center and things are not working out. She is asking undue high amount and I am now thinking to go through the court route.

My questions now are :

1.If we bring the property matter in the court, can the divorce case be put on hold until this is resolved? What I heard from the mediation center and lawyers is that these are two diff. matters and court will act on divorce case separately and can give a judgment on alimony and divorce case will be settled, however the property case will remain open in family court and the matter may go on. The divorce case may not be hold up until property matter is settled - is this true? In that case, I will be in worst situation - she may hold up / delay this matter and may turn out to be big loss later... I also saw a news in today's news paper about the proposal pending Govt's approval for equitable right by the wife in property bought in matrimonial time, irrespective of her financial contribution to the property... Do you see this kind of resolution be passed soon?

2. In this case where I have made all the payments for the property (zero contribution by wife), to what extent the family court can attribute the right on property for her? (Property price at buying price is about 32L, current market price is about 50L). How much amount can court attribute to her as share in this property?

3.Assuming if the divorce case is settled and the property case remain open in the court, if she remarries in the mean time - would that reduce her right to the property (considering she has not made any payments anyway and she is remarried now)?

Sir, please help with these queries.

[iden]

You need to take into account input other than actual financial. For example, did she cook your meals? If you calculate the number of meals she cooked you, and put a sum for her labour costs to each one (say, $10 per meal?), that will be one amount. What else did she do that you would have had to pay someone to do if she hadn't? Work it all out, and you'll probably find that her input was as much as yours - perhaps a lot more.

[jabarl]

What your not wrapping around your head is she is a partner in the marriage. Marriage is a financial contract between two people. Alot of people lose sight of that fact. Everything your lawyer said is correct. If she isn't working she will probably get alimony. The key is to make sure during the marriage your wife works and contributes but she didn't FOR WHATEVER REASON. You should have got her out and working. Too late now.

The property will probably be sold and divided up BETWEEN you both. Sorry but that is why sooo many men do not marry because in marriage you have a "partnership" and it can be taken advantage of by some people.

On #3 no. Forget about her not contributing. She can do ABSOLUTELY NOTHING during the marriage in money matters but still benefit. OK? She can re-marry but the judge will focus on your situation with her not her current new marriage. More than likely the property is sold and divided up between you. Watch an see.

[yago]

What your not wrapping around your head is she is a partner in the marriage. Marriage is a financial contract between two people. Alot of people lose sight of that fact. Everything your lawyer said is correct. If she isn't working she will probably get alimony. The key is to make sure during the marriage your wife works and contributes but she didn't FOR WHATEVER REASON. You should have got her out and working. Too late now.

The property will probably be sold and divided up BETWEEN you both. Sorry but that is why sooo many men do not marry because in marriage you have a "partnership" and it can be taken advantage of by some people.

On #3 no. Forget about her not contributing. She can do ABSOLUTELY NOTHING during the marriage in money matters but still benefit. OK? She can re-marry but the judge will focus on your situation with her not her current new marriage. More than likely the property is sold and divided up between you. Watch an see.

[hackett]

A note to myself: never to marry an Indian guy.

[madison86]

Sounds typcal, women only marry for money or visas. She has no right!!!

[karlitis]

It depends on where you live. I live in Ohio and it is a community property state. Once you marry all assets are jointly owned unless there is a prenup.