Division of Property in Divorce

Divorce lawyers are not only involved in the emotional and physical run around of this life but they take a long ride with law. Policies for the allocation of property in divorce are often at the centre of long and anxious court battles which can go on for months or years. Both sides fight their corner fiercely: there seems no reason why husband should give up all financial security assets acquired through years together Partners must find cooperation between themselves-using instruments like mortgages on their real estate and then through credit cards outside the marriage in order to support one another and live at least decently through this difficult period Property Division in Divorce in India is deeply enmeshed with inheritance Law on the mainland, which is applied in addition separately beneficial by a number of personal laws such as the Hindu Marriage Act 1955, Special Marriages Act 1954 or Indian Succession Act 1923.

Understanding Property Division in Divorce

If people are to ensure their own economic interests when they divorce end their marriage, then they must understand the law and difficulties of property division after divorced marriage. This paper will analyse both statutory (legal) and non-statutory methods for determining who owns what, as well as the difficulty confronting individuals trying for a fair post-divorce share of property.

Property division is the allocation of property between married couples when a marriage ends. For instance, the court tries to grant including who holds property in dispute (before or during the marriage), what sorts of financial contributions will each partner provide, and the length of time over which assets have been produced before giving instructions.

Types of Property in Divorce Proceedings

Marital Property

During their marriage, joint acquisitions by both spouses are called marital property. It includes real estate, vehicles, bank accounts, jewellery and other financial investments. Almost anything that both married persons have in hand - now or in the future as a result of their work together is to be shared equally between them during divorce proceedings.

Self-Acquired Property

Assets obtained by a spouse had no particular source before marriage or transferred from another party during marriage are called self-acquired property. Self-acquired property is generally not liable to split unless the other party proves that both of you contributed towards purchasing it or paying off its mortgage.

Ancestral Property

Ancestral property was that which was held by the husband or wife at any time in the past albeit received as an inheritance not from one's forebears but as a legacy later on from someone else such as distant relatives. This type of property is usually self- acquired and is not subject to division. It is considered to be a matter for the possession or disposal by rights of descent, though sometimes instead it may come under judgment in court

Jointly Owned Property

The ownership of a house or other real estate held jointly by a couple is a tricky matter from the outside. Normally this kind of question needs to be answered according to what each spouse contributed. If no clear relationship exists, then both parties should take liability completely depends upon actual events and circumstances. One side might get something by showing that they put more towards the purchase price, maintenance expenses or mortgage payments; another factor is whether one spouse depended financially on the other and a larger share will be allocated as a result.

Legal Guidelines for Property Division in India

When a couple in India divorces, each religion has its own rules governing the settlement of marital property. As a matter of fact, under different personal laws for each religious group, there are multiple legal principles for property division and distribution.

Hindu Marriage Act, 1955

Hindu law has no established code that automatically grants shares of conjugal assets to either husband or wife. The Hindu Marriage Act 1955 lays down no special rules about the management of property rights
In terms of court divisions, a case-by-case approach is necessary. A court judgement can only come out if it complies with three principles of property division. These are ownership of resources, their distribution and

• Therefore, if one's property was attained by him, it will continue to be his.
• For property bought jointly, the size of shares (how much each pays) follows that each joint owner has contributed financially

In making decisions about how to award property, a court judges together with financial ties and sentences involving child-care responsibilities.

Muslim Personal Law

Buying or earning property makes it community property. During marriage, in their marriage anything you possess the two of you own. Yet upon divorce the former partners may seize the opportunity for these rights and use an asset according to that law as long at all times they adhered to this principle in their long fishing partnership.

Christian and Parsi Laws

In the distribution of property, Christians and Parsis who are subject to the Indian Divorce Acts of 1869 and the Parsi Marriage Act.
In this case,
Property division following the right of ownership is performed step by step.
For joint ownership of property, its division follows the purchaser's share if both partners are in the loop about their investments at time of purchase.

Conclusion

In divorce, the division of property is a complex legal issue heavily influenced by factors of individual rights, financial contribution, and community habits. But the most important point in Chinese division of property law-here is, there are no divorce laws favoring jointly owned items together for two people, so as to avoid even one shred of marriage disintegration.