Partition Of Property During Divorce In Nepal

When couples decide to end their marriage, navigating through financial matters becomes an essential part of the divorce process. These financial matters encompass various assets such as homes, stocks, bank funds, and more. While some divorces are amicable, allowing couples to independently decide on the division of assets, others can be more intricate. In the legal context, a wife is entitled to a fair share of assets in a divorce.

Post-divorce, the wife may be granted possession rights, allowing her to claim and manage her ex-husband's assets without external intervention. In cases where mutual consent for divorce is not achievable, the wife can claim her rightful share of the property under Section 99 of the Civil Code 2074.

Conditions for Exclusion from Property Division

Notably, property division after divorce in Nepal is not obligatory under certain circumstances. The husband may not be obligated to share property with his wife in the following scenarios:

1. If the spouse engages in extramarital affairs.
2. If the wife inflicts physical or mental harm on the husband.
3. If the wife expels her husband from their shared residence.

Categories of Divisible Property after Divorce

Ancestral Property

Ancestral property includes items passed down through generations from one's ancestors. This category also extends to properties earned by parents and those brought into the marriage by the mother-in-law.

Joint Property

Joint property, as defined by Section 258 of the Civil Code 2074, refers to assets jointly owned by both spouses. This includes property earned collaboratively in business, granting equal rights to both husband and wife.

Process of Property Partition after Divorce in Nepal

1. Listing the Property: Collaboratively create a list of jointly owned items in court, with the wife requesting a withholding order to prevent potential fraud or unauthorized sales.
2. Valuation of Debt/Liabilities: Agree on the value of assets to be divided, considering market prices and government-declared values. Evaluate both assets and debts logically to ensure a fair division.
3. Logical Decision on Property and Debt Value: Real estate and stock valuations should be conducted logically, preferably by a reliable representative from a valid legal institution.
4. Court Determination of Asset Division: Courts consider factors such as the income and assets of both parties, the duration of the marriage, and the health and age of the spouses before deciding on the division of marital or community property.
5. Lump Sum or Alimony Request: If asset division seems challenging, the wife can request a lump-sum alimony payment under Section 99 of the Civil Code 2074, considering the financial liability involved.

Conclusions

In Nepal, divorce requires the equitable division of assets, including properties and finances. While mutual agreement simplifies the process, certain rights and conditions govern the division. The wife's entitlement to ancestral and joint property is acknowledged, with exceptions based on the circumstances of the divorce. The procedural steps involve listing assets, determining their values, and, in some cases, relying on court decisions. Alternatively, the wife can opt for a lump-sum payment if asset division poses difficulties. Legal expertise and adherence to Nepalese divorce laws ensure a fair and just process.

FAQs

Can a wife claim her husband’s property after divorce in Nepal?

No, the wife cannot claim her husband’s property after divorce. Section 99 of the Divorce Provision mandates the partition of property between the husband and wife before or during the divorce process.

Should a wife share her property with a husband in divorce?

Yes, a wife should share her property with a husband in divorce, except for properties acquired from her parents.

What if a husband is not separated from his parents; will a wife get property from her husband in divorce?

If a husband is not separated from his parents, a wife will still receive her share of the property in divorce, as per the law's provisions. Property division is determined by legal regulations, and the wife is entitled to her portion.

Can the previous child or husband obtain property?

Yes, the previous child or husband can obtain property under the following conditions:

• On the death of a divorcee woman, her son or daughter shall be entitled to her property.
• If not, the previous husband shall acquire the property received by her from such a husband.
• The successor on her mother’s side shall obtain the other property.