Why its good decision to have husband's name in property ?
Hello, I am buying a house in Gujarat, India. I am a female living in the USA, and it is an under-construction property. I am paying for it from my own account. However, my brother-in-law insisted on adding my husband's name on the property as well, so the initial paperwork has his name too. If we divorce in the future, do I have to give a share to my husband, even though he has not paid anything? Why did my CA brother-in-law insist on adding my husband's name as a co-owner? Can I add my minor children as co-owners?
If your husband's name is on the property, he may have a legal claim in case of divorce, even if he didn’t contribute financially. Your CA brother-in-law may have suggested this for tax benefits or inheritance reasons. To protect your rights, you can remove his name before registration or have him execute a release deed later. Adding minor children as co-owners is possible, but a legal guardian will manage their share until they turn 18.
Ma’am, if your husband’s name is on the property deed, he is a co-owner and may be entitled to a share in case of divorce. A minor cannot be a co-owner of property in India because they cannot legally enter into contracts or sign legal documents. To protect your interest it is advised to consult an expert lawyer to explore options like removing his name or drafting an agreement acknowledging your sole financial contribution. For further legal assistance contact us on our helpline number.
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