Legal Updates

What happens to joint property in a divorce if one spouse wants out but the other does not?



In India, the division of joint property during a divorce can be a complex matter, especially if one spouse wants to retain ownership while the other wishes to exit the arrangement. The resolution typically depends on various factors such as the nature of the property, the financial contributions made by each spouse, and the agreements made during the marriage. The division of joint property in a divorce is governed by various laws in India, including the Hindu Marriage Act, the Special Marriage Act, and the Indian Divorce Act, depending on the religious and personal laws applicable to the couple.Ultimately, if one spouse wishes to retain ownership of the joint property while the other wants to exit the arrangement, it may require negotiation, mediation, or adjudication etc.




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