Matrimonial properties in layman's terms refer to those properties or assets that are obtained by either of or both the husband and the wife through their marriage or before their marriage. These include jointly owned properties, ancestral properties, financial assets and investment, properties in the name of the husband, etc.

In India under the prevailing laws, the wife is not obligated or legally required to give the husband a share in the property or assets that belong solely to her, therefore, whatever shares, investments, properties, jewellery, funds, etc. that are in the sole ownership of the wife shall from the date of her marriage till the date of their divorce shall be only the wife's property and the husband can claim no share. However, under certain laws of this country, the wife can claim a stake in the property owned by the husband even though she does not have any share of ownership. Therefore, if the wife claims from the court and if the court deems it fit that the wife shall have a stake in the husband's property including lands, investments, shares, house, etc. that are in his name.

The ownership / stake of the wife can be affected if the husband has either made a will and has not given any share to the wife or if he decides to transfer the said properties in the name of his parents or family member or if the couple divorce's by mutual consent and the wife relinquishes or gives up her rights to the husband's property.

In the case where the divorce petition is a contested petition where the divorce proceedings are still pending, then the wife enjoys residential rights in the matrimonial or shared household, which means a house where she has been either cohabiting with her husband or has been living in with her husband and her in-laws since a considerable period of time. In the event that the said matrimonial home / shared household is in the name of the husband's parents, then the wife may only enjoy residential rights till the divorce is granted and will have no right in the ownership / title of the house.

In the case of a jointly owned matrimonial property, the decision can be made depending on the nature of the case. So for example in the event of a mutual consent divorce, the couple may agree to divide it as per their convenience and wish. However, if divorce is sought for any other reason, then the court may divide the property depending upon the contribution made to it by both parties.

We at AnaghaLegal work towards the amicable settlement of all the martial issues including the share in the properties of the couple undergoing divorce and assist them for proper allocation of properties at the same time safeguard the interest of the children in the said properties considering their future requirements.