Question
In a divorce, who gets the house and land if a husband and wife jointly purchased 2+2=4 khata land with a four-storey building, but the deed does not mention the boundaries?
Answer
In Bangladesh, property division during divorce is governed by the Mohammadan Law for Muslim couples or the Hindu Marriage Act for Hindu couples, depending on the religion of the parties involved. When a husband and wife jointly purchase property, the division of that property can become complex during a divorce. Here’s how it generally works:
Joint Ownership: Since both spouses purchased the land together, they are co-owners. This means they have equal rights over the property, including the four-storey building.
Legal Presumptions: In the absence of specific terms in the deed regarding ownership shares or boundaries, the law assumes equal ownership. This means both the husband and wife have equal rights to the property.
Divorce Proceedings: During divorce proceedings, the court will evaluate several factors:
The contribution of each party to the purchase and maintenance of the property.
The duration of the marriage and any changes in the family dynamics.
The needs of any children involved, if applicable.
Settlement or Court Decision: The couple can reach a mutual settlement regarding who retains ownership of the land and building. If they cannot agree, the court will make a decision based on fairness, equity, and the welfare of any children. Courts in Bangladesh often favor preserving the home for the custodial parent if children are involved.
Possession and Usage: If one party has been living in the property post-separation, that can also influence the court’s decision. The courts often consider the practicality of who has been maintaining the property and paying for its upkeep.