What is Matrimonial property?
It is basically all the assets and liabilities acquired during the course of the marriage.
What falls under Matrimonial Property?
The concept of Matrimonial Property includes all the movable or immovable property bought by the husband or wife through their mixed earnings (Jointly owned) after marriage or a separate property which is used extensively by both the parties equally or a gift which they got together during their marriage.
The division of this property usually occurs at the time of separation. The division of the property usually gets divided equally between the couple or depending on the merits of the case.
What does the Court consider when dividing matrimonial assets?
The available capital, income and other resources, welfare of the children, standard of living enjoyed before the marriage breakdown, term of the marriage etc, varying from case to case.
In addition to the matrimonial house, either of the parties can file for an interim relief or an injunction over the property pending the proceedings. Know more on injunction
Can a wife claim in-laws property as Matrimonial Property?
The wife however can not claim a share of property of her in laws, which does not belong to her husband, nonetheless she can claim rights to stay in the same house since it has been her matrimonial house ever since she’s married.