Hyderabad: Pooling in funds to buy a flat together after getting married sounds like a good idea. But should the marriage turn sour later, the property can be a headache because there’s no legal clarity on how it should be shared between the couple.
“As per law, the property goes to whoever holds the title deed,” says Advocate K. Nageswara Rao. But a title deed does not specify who actually contributed to the payment.
In practice, the title deed is held by either of the spouses and could be in the name of the husband or the wife. Both may pay various taxes and other expenses on the property. However, the court doesn’t take cognizance of this. “So even if the couple had decided that one of them would pay for the maintenance of the house and the other bears other property expenses, it is ultimately both their contributions that make it work,” says Advocate Vanir S., but the court only looks at the name on the title deed.
In a 2014 case in the Andhra Pradesh High Court, Dr Aneel Kaur vs Dr Jayachandra, Dr Aneel appealed for an increase in alimony from Rs 15 lakh to Rs 1 crore from her husband Dr Jayachandra. She claimed a larger amount on the grounds that she had helped set up and establish her husband’s medical clinic and should therefore get a substantial share of it. However, the appeal was rejected and the alimony amount was not increased by the High Court.
Not many couples keep a proper record of what they paid and when, so a compromise is often the way out. “Ninety per cent of cases in which property is in question tend to be settled in a compromise,” says Dr Nageshwara Rao.
Concealing property owned is also common. In a recent case, the husband, who had initiated the divorce, transferred the property from his name to his mother’s just before the divorce notice was sent. This means his wife could not claim any share in that property.
“In such cases, legal advice becomes critical. If the lawyer catches on that the property is being hidden, then he can make a point against the spouse. But for a lay person, property matters are not easy to understand and they will let go of the same,” says Advocate Anitha Salabh.
