What Right Does Your Ex-Wife Have To Your Property After Divorce? | Explained

The country’s divorce rate is increasing steadily, as reflected in several recent reports. With the rise in divorce cases, tensions between men and women have also intensified. Many men feel disadvantaged due to the perception that Indian laws favour women, leading to widespread confusion about legal rights during divorce.

News18 spoke to Supreme Court advocate Vikas Nagwan to understand whether a woman can legally claim half of her husband’s property during divorce. Here is his explanation.

What The Domestic Violence Act Actually Allows

According to Nagwan, under the Protection of Women from Domestic Violence Act 2005, if a woman files a case, she is legally permitted to reside in her husband’s home or property. This right continues only until the divorce is granted.

Once the divorce is finalised,

the Act ceases to apply, and she no longer has the right to stay in the husband’s property.

Why Confusion Exists: Mixing Indian & American Laws

The lawyer noted that much of the panic comes from misinformation online, especially among men trying to understand what a woman can claim. Many Google search results reference American family laws, in which marital property is divided after divorce.

However, Vikas clarified that India does not follow this system. Indian divorce law focuses on maintenance and alimony, not property division. If a property is solely in the husband’s name, the wife cannot claim ownership, neither fully nor partially, during or after the divorce.

Vikas concluded by emphasising that if the property is exclusively owned by the husband, the wife has no legal right to it at any stage of the divorce process.