If the house is in the name of one spouse, can the spouse ask the other spouse to vacate the property?
If a house is solely in the name of one spouse, it does not necessarily mean that the other spouse has no rights to the property. In India, the rights of a spouse in property depend on several factors, such as the nature of the property, the mode of acquisition, and the marriage laws applicable to the couple. – For the best legal consultation – Advocate Neha Batra
Under the Hindu Marriage Act, which applies to Hindus, Buddhists, Jains, and Sikhs, a wife has a right to reside in the shared household, irrespective of whether the property is owned by the husband, wife, or jointly. The term “shared household” refers to a house that is owned or rented by both spouses and where the husband and wife used to live together.
Therefore, if the house is the shared household of the couple, the spouse who is not the owner of the property can ask the other spouse to vacate only if there is a valid reason, such as domestic violence or abandonment. In such cases, the spouse who is seeking to vacate the property can file a case in court under the Protection of Women from Domestic Violence Act or the Hindu Marriage Act.
On the other hand, if the house is not the shared household of the couple, and it is owned solely by one spouse, the other spouse may not have a right to reside in the property. However, the non-owning spouse may be entitled to maintenance or alimony under the relevant marriage laws. In such cases, the non-owning spouse can file a case in court for maintenance or alimony
In conclusion, whether a spouse can ask the other spouse to vacate the property depends on various factors, such as the nature of the property, the mode of acquisition, and the marriage laws applicable to the couple. It’s important to seek legal advice to understand your rights and options in such situations.