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 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, before 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 based on his property or income.
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.
FAQs
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.
Conclusion
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.
If you have any queries related to divorce then please feel free to comment below or you can directly contact us for services.
What if a father hasnt given property to his son and the sons wife wants divorce.Can the wife also get property from her husbands brother too?
If the property is privately earned then the property is not necessary to divide. If the property is jointly earned then property is to be divided.
If husband gave all his earned money to make wife’s house and incase they have to divorced. Can Possible to divide that property husband ?
What if wife is having sexual relationship with another men because of which husband is willing to get divorce and husband is abroad for more tha 3 years. Is it compulsory to give property to her
If husband and wife have not lived together for 12 years, can the husband get a divorce?
If a wife has left her husband or vice versa and lived separately for a continuous period of three years or more without his/her consent, yes.
Can wife refuse to be the part of partition in legal way? Without divorce?
Yes for sure
If women is willing to divorce with a man who already married another women then can she file for divorce or not.
And for property division if women and man are divided property equally than man have to give his property to his children or not .
Do another woman have right to claim property from the man ?
If you haven’t divorced yet and he concluded another marriage, you can file the case of bigamy-second marriage against husband. Automatic divorce is applied in this condition. Property is to be divided between husband and wife.
Namaskar Keshar Ji,
I have a couple of questions and I would appreciate your input on this.
1. If a husband and wife get divorced overseas, will that divorce agreement be honoured in Nepal’s court or will it not?
2. Will a wife still be entitled to her husband’s share of the property in Nepal, if she was the one who decided to leave him and live separately once she arrived overseas (this is without any cause of domestic violence or aggression towards the wife)
WhatsApp us at +977 9862944100 for more information. We can discuss it in detail.
Can a wife claim husband’s parents property from Nepal? None of the property of parents from Nepal is in the husband’s name and husband is US citizen.
Namsate ???? sir,
If Husband and his family is tired of the wife and -husband doesnot have any property in his name all the property is named after his mother and -father is no-more. He has a brother and a sister. Is there any chance that wife can fight for the property if Husband has applied for divorce…???
Please reply ????????
Kindly Contact or whatsapp +977 9862944100.
If a wife left her husband for 15 years and she came after 15 years to ask for property and husband’s ancestral property isn’t divided then can this hamper the privately earn property of husband’s brother?
Kindly Contact/Whatsapp +977-9862944100
If the property is owned by the girl before the marriage, can her husband claim the property?
Please contact/WhatsApp 9862944100 for the required information.