What does fair and equitable mean in divorce?

What does fair and equitable mean in divorce?

When a court determines that one spouse would be at a significant economic disadvantage post-divorce, it can use its fair and equitable discretion to fashion a fair result. Courts will try to leave the parties on as equal economic footing as possible and to prevent significant negative long-term financial consequences.

Is a wife entitled to half my house?

When you’re married you’re automatically entitled to a share of your partner’s assets. This means you have a legal right over the property, even if you’re not the legal owner. If you want to protect assets that you bring into the marriage, you should consider getting a Prenuptial or Postnuptial Agreement.

Does my wife own half my house?

In California, each spouse or partner owns one-half of the community property. And, each spouse or partner is responsible for one-half of the debt. Community property and community debts are usually divided equally. If the debt was incurred during your marriage or domestic partnership, it belongs to you too.

Can father sell property without consent of daughter?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

Can a married daughter claim her mother’s property?

The married daughter of the deceased mother is a legal heir to the deceased mother hence she has a right to claim her share out of her mother’s property. The daughter can claim a share in her deceased mother’s share of property alone if she has died intestate in the capacity of legal heir to the deceased mother.

Can mother give her property to one son?

That’s where all children will have equal rights and you can demand a partition after your mother’s death. 2) If the property was self acquired by the grandmother her gift to your mother is absolute. If she gifts it to only one of her sons no one can file a suit against the same or seek a partition.

Can daughters claim grandfather’s property?

A daughter has been given the same right to ancestral property as the son after the amendment of the Hindu Succession Act, 1956. However, the daughter has a right to ancestral property only if the father was alive on 9 September 2005, when the amendment took place.

Are daughters entitled to mothers property?

Married daughter has equal right in the property of her mother as the son, and in case the mother dies intestate, the married daughter inherits her share equally with the son as per the Act of 1956. Generally, relatives of mother inherit and have priority over her husband and husband’s relatives.

How ancestral property is divided?

The shares within the ancestral property are first determined for each and every generation and divided for the next generation. Moreover, properties acquired from mother, grandmother, uncle, or even brother are not the ancestor properties. And property inherited by will and gift also is not ancestral property.

What is the difference between ancestral property and Coparcenary property?

In order to constitute a Joint Hindu family the existence of any kind of property is not required whereas in Coparcenary there is an ancestral property. Joint Hindu families consist of male and female members of a family whereas in Coparcenary no female can be a coparcener.

Who has right on ancestral property?

Since the property is ancestral and your father inherited it, all the legal heirs will have an equal claim over it by birth. Hence, it will be divided equally among the brothers and sisters, and you will get one-sixth share in the property.

Is it true that ancestral property once divided becomes self-acquired?

It is helpful to first understand the concept of ancestral property under the Hindu laws. When a division or a partition happens in a joint Hindu family, it becomes “self-acquired” property in the hands of a family member who has received it.

Can female be a Karta?

The head of a HUF is called the Karta, he is the senior-most male member of the family. Until January 2016, a woman could not be the HUF Karta. But in a landmark case, the Delhi High Court ruled in favour of a female being the Karta of a HUF. However, the same has not been incorporated in the Income Tax Act as yet.

Can husband sell ancestral property without consent of wife?

The husband can sell the property without takiong her consent. The husband is free to dispose the proeprty stands on his name which has been acquired or inherited or purchased, he need not take consent of his wife or from anyone to dispose the same.

Can husband claim wife’s property after divorce?

Whether it’s before or after divorce, your wife cannot claim right over your self acquired property during your lifetime. However, after divorce, a divorced wife does not get any right over her ex-husband’s self acquired property even after the lifetime of of her ex-husband. 2.