Will the wife get equal hold on the property (for which she has financially contributed) after divorce?

[melville]

Hello,

My sister is married since 8 years. she is thinking of filing a Domestic violence complaint and also thinking of taking Divorce as my brother-in-law is beating (She has almost lost the vision of her one eye in a recent violence act of my brother-in-law) and abusing her everyday. My brother in law is a software engineer and my sister is a bank employee and are living in Bangalore, India. They also have a 7 year old son.

They own a flat (which is in my brother-in-law's name) in Bangalore, India. My sister has also financially contributed to clear the housing loan taken to purchase this flat. She was contributing to the loan through cheques so she can produce the cheque details which she was paying monthly to the house loan account.

Now after the divorce will she get the amount she has spent on this property? Even if she get the amount back its not worth as that property has got a very good price now (double the amount which they have spent early) So can she file an equal right on the property? She is in fear that she will loose this flat as it is in the name of her husband. She wants the hold on this property so that it can belong to her only son in future. Please help with your valuable answers.

[achimelech51]

Yes, she will get that and more especially if she has proof of everything.

[banys]

If she has proof of what she has paid on the flat
she can claim this money from him in the divorce
but what she cant do is file equal right on it
its in his name only so legally it belongs to him
the only thing she could do is offer to buy him out of it

[colfre]

EVERYTHING depends on where the divorce papers can be filed. If they are legal residents of Bangladoor, India, then those laws will apply - and if that is the case, it doesen't look good for your sister. If they are US residents, it's immensley better, but then depends on the state in which one or both of them are legal residents.
Aside from all of this - Please, convince your sister to take a trip for ANY reason. She almost lost her vision in one eye??? Only "thinking of filing a Domestic iolencecomplaint"??? GET HER OUT OF THERE!!! If you can't convince her - LIE to her - tell her YOU are sick - anything! She needs people around her who can allow her to see that this is NOT anywhere near normal behavior.
The bas***d needs some re-education.

[menw]

Your sister can claim one time settlement during divorce or prove to court the loan paid by cheque and get the property transferred in her name as a settlement of divorce.