Divorce and Property: Wife’s Rights When Husband Transfers to Parent’s Name
Danstan Omari, a prominent attorney, has weighed in on the controversy surrounding husbands listing their properties under their parents’ names.
Friday, April 14, social media was flooded with unconfirmed reports of a French-born Moroccan footballer leaving his wife without alimony.
The star player’s assets were registered under his mother’s name during divorce proceedings, which allowed the court to do this.
Omari told GossipA-Z that the wife would have to fight in court and have the husband provide a timeline of how the parents became property owners.
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If the transfer was made to circumvent the law, the wife has a case.
“The questions that will be asked are when these properties were transferred, and if they were transferred with the intent to thwart the course of justice, then the wife will have a case, but if not, I’m afraid she may lose,” the attorney said.
Justice is for the determined.
The outspoken attorney stated that those who pay attention to the law always get justice.
“Emotionally, the property belongs to the husband, but legally he owns nothing, so the wife may receive nothing because there is nothing to divide. Justice is for the determined.” Omari said.
He said the registered parent must prove ownership and explain why her adult son left them in her name.
Omari added that she had official documents proving her asset ownership, making the case easy to win.
“The mother must also explain why the properties were transferred to her even though her son is an adult.” “However, she may get away with it because she has proof that she is the owner,” he explained.
People who marry to become wealthy
He said people divorced after a short marriage and got a share of their spouse’s wealth.
“There is a perception that some women enter marriage to acquire wealth,” he continued.
According to the attorney, some men keep their fathers as owners of their investments to avoid sharing if their marriages fail.
“This is the same reason why most men do not transfer their fathers’ property to their names,” Omari explained, “so that in the event of a divorce, the property to be shared will be traced back to the father, and not the husband and there will be no property to share.”
He noted that this should serve as a wake-up call to women who are considering marriage solely to acquire wealth quickly. “Some husbands purchase assets for their wives while retaining ownership. This is a wake-up call that individuals should not enter into marriage to acquire property, he concluded.
Divorcees must depart with the property they brought with them.
The Supreme Court ruled on Friday, January 27th, that divorced spouses are not entitled to a 50/50 marital estate.
The court found that Article 45(3) of the Constitution guarantees spouses’ fundamental rights during divorce. Equality does not mean redistributing proprietary rights or presuming spouses are entitled to a 50% share by marriage.
The court stated that a spouse must prove contribution to determine their marital property share. Test to determine the extent of contribution varies from case to case.
“What constitutes a fair and equitable legal formula for the reallocation of matrimonial property rights at the dissolution of a marriage, and whether the same can be achieved by a fixed means of apportionment at a 50:50 ratio, must be determined in light of the particular circumstances of each case,” the court explained.
In June 2022, a court ruled that divorced women who jointly own property do not get half of their spouse’s wealth.
Divorce and Property: Wife’s Rights When Husband Transfers to Parent’s Name
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