In Nepal, the division of property during divorce cases is governed by the Civil Code 2074. Here are some key points to understand:
Key Points:
- Equitable Division: The law aims for an equitable division of assets, which includes homes, stocks, bank funds, and more.
- Wife’s Entitlement: A wife is entitled to a fair share of the assets. She may be granted possession rights to manage her ex-husband’s assets without external intervention.
- Mutual Consent: If 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.
- Exclusion Conditions: The husband may not be obligated to share property if the wife engages in extramarital affairs, inflicts harm, or expels the husband from their residence.
Types of Property:
- Ancestral Property: Includes items passed down through generations or brought into the marriage by the mother-in-law.
- Joint Property: Refers to assets jointly owned by both spouses, including property earned collaboratively in business.
Process:
- Listing the Property: Create a list of jointly owned items in court.
- Valuation of Debt/Liabilities: Agree on the value of assets to be divided.
- Logical Decision on Property and Debt Value: Conduct valuations logically, preferably by a legal institution.
- Court Determination: Courts consider various factors before deciding on the division of property.
- Lump Sum or Alimony: If asset division is challenging, the wife can request a lump-sum alimony payment.
For a detailed understanding, it’s advisable to consult with a legal expert in Nepalese family law. If you need more information or have specific questions, feel free to Contact Us!
