Asset split in divorce: Courts presume equal ownership of joint assets

They increasingly recognise the wife's non-monetary contributions such as homemaking and childcare when dividing assets

In a recent case, the Delhi High Court held that a husband cannot, at the time of divorce, claim exclusive ownership of a property jointly held with his wife merely because he had paid for it. The case involved a couple where the husband was the sole earner. Both the Mahila Court and the family court had directed him to pay Rs 2 lakh a month as maintenance — a decision upheld by the High Court.

 

Property division 

When property is in one spouse’s name: In India, the division of assets after divorce depends on ownership and contribution under personal