Wife’s Property Rights After Divorce

Core Principle:

After divorce, a wife does not automatically get a share in her husband's property (ancestral or self-acquired). But she can claim maintenance, alimony, residence rights (during proceedings), Stridhan return, and child-related support.

Key Rights of a Wife After Divorce

• Maintenance (Section 125 BNSS / earlier CrPC): If unable to maintain herself, a wife can claim monthly support.
• Residence (Domestic Violence Act, 2005): Right to reside in the shared household while proceedings continue. Ends after divorce unless extended by court.
• No Automatic Property Share: Wife has no legal claim over husband's ancestral/self-acquired property after divorce, unless court orders as alimony.
• Alimony / One-Time Settlement: Lump sum or property transfer may be ordered, depending on marriage duration, husband's income, wife's needs, and children's custody.
• Stridhan (Wife's Property): Jewellery, gifts, money given during marriage = her absolute property. Can be recovered even after divorce.

When Rights Apply

State-Wise Access (Online Filing Availability)

Tip: Most applications (maintenance, alimony enforcement, DV complaints) can be filed in Family Court / Magistrate Court. Some states allow online filing through eCourts.

Common Documents Required

• Marriage certificate / proof of marriage
• ID proof of wife & husband
• Address proof
• Proof of income / salary slips of husband (if available)
• Proof of wife's financial dependence
• Proof of Stridhan (receipts, photos, witness statements)
• Details of children (birth certificates, school receipts if custody/maintenance claimed)

FAQs – Wife's Rights After Divorce

1. Do I get a share in my husband's property after divorce?

No automatic share. Only if ordered by court as alimony/settlement.

2. Can I keep living in my husband's house post-divorce?

Only during proceedings or if court specifically allows. Not a permanent right.

3. If I paid for a house in my husband's name, can I claim it?

Yes, but you must prove financial contribution. Court decides compensation.

4. What's the difference between maintenance and alimony?

Maintenance = monthly support. Alimony = one-time lump sum/property settlement.

5. Can alimony be given as property instead of cash?

Yes. Court may award a flat, land, car, or assets.

6. Do I have rights in my husband's ancestral property?

No. Ancestral property remains with husband/his family, unless part of settlement.

7. What about my jewellery and gifts (Stridhan)?

100% yours. Can be claimed anytime, even after divorce.

8. If I have children, will I get a property share?

Not property, but higher maintenance and child-related expenses can be ordered.

9. How long will I receive maintenance?

Until you remarry or become financially independent (court's discretion).

10. My husband remarried. Can I still claim maintenance?

Yes. His duty to support you continues unless you remarry.

11. I signed a divorce settlement under pressure. Can I undo it?

Yes, you can challenge it in court if obtained by fraud, coercion, or misrepresentation.

12. My in-laws kept my ornaments. What do I do?

File police complaint under Stridhan recovery provisions + Domestic Violence Act.

13. Can I get house rent if husband refuses shelter?

Yes, court can order rent or alternative accommodation.

14. Does the wife's lifestyle during marriage affect alimony?

Yes. Courts often maintain a similar standard of living for wife post-divorce.

Bottomline:

A wife doesn't automatically inherit her husband's property after divorce. What she can secure is maintenance, alimony, return of Stridhan, and support for children. Property transfer only happens if court orders it or both parties agree in settlement.