This article will provide you with all the necessary information related to the legal provision of partition of the property after divorce in Nepal.
A partition is a distribution of property done jointly by several persons so that each coparcener gets a share and becomes the owner of the property share. It is done by dividing the property according to the property shares to which each of the coparceners is entitled in law as applicable to them. Partition of property between husband and wife is a necessary requirement in the divorce process. Property partition between husband and wife after divorce is governed by the Muluki Civil Code 2074.
Partition of the property after divorce in Nepal is not always compulsory. In the following conditions, the husband is not forced to give a partition share to his wife:
- If the wife is involved in sexual activity with another man,
- If the wife acts in a way that causes physical or mental pain or grievous hurt to the husband,
- If the wife expels the husband from the house.
Partition of the Property to be effected before Divorce
If divorce is to proceed because of the husband, the court shall, if the wife so wishes, cause the partition to be effected between the husband and wife before effecting divorce.
If a property in mutual is registered in the name of both husband and wife or either of them, such property shall be partitioned between them according to law, prior to effecting divorce.
If the wife who effects divorce wishes to obtain from the husband a lump sum amount or annual or monthly alimony or expense, instead of the partition share, the court may order the husband to provide such a wife with a lump sum amount or annual or monthly alimony or expense on the basis of his property or income. It is not necessary for the wife concluding another marriage.
Legal Provision of Partition of the Property after Divorce in Nepal
Both husband and wife are equally entitled to the partition of the property after divorce in Nepal. If the husband has not attained the partition of property from his father then by considering other coparceners as well in the partition by the court, the property is partitioned between husband and wife.
If there is a written agreement between the husband and wife on the share of the partition or alimony to which the wife is entitled upon divorce, it shall be according to such agreement.
If there is no property to be partitioned then the court may command the husband to provide the maintenance cost to his divorced wife as per the income of the divorced husband.
If the earnings of the wife are sufficient enough for the maintenance then there is no requirement to provide such maintenance cost by the husband. Also if the wife marries another man, it is not necessary to provide such maintenance costs.
Can the previous child or husband obtain property?
Yes, the previous child or husband can obtain a property under the following conditions:
On the death of a divorcee woman, her son, or daughter, shall be entitled to her property, and if not, the previous husband shall acquire the property received by her from such a husband, and the successor on her mother’s side shall obtain the other property.
A person harmed by any act done under this Chapter may make a lawsuit within three months after the date of arousal of the cause of action or knowledge of such an act or action.
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