Marriage globally is a big step, and it is not only a unison of love, but it comes with a lot of responsibilities, rights, and duties as well. One of the important rights of a marriage is property obligations.
If you are curious about the same thing, then worry not because we have covered all the bases for property rights and obligations of a married in Pakistan in this article.
Types of property
In terms of property, there are two categories, firstly ‘separate property’ and ‘marital property’. Separate property is everything that you have acquired before the marriage, such as gifts or inheritances. Marital property refers to everything that you have acquired together with your spouse after marriage.
Legal aspect
Since we live in an Islamic republic of Pakistan, thus our laws are heavily influenced by religious laws and principles. When it comes to property rights and obligations, these principles can help who acquires what portion of the property.
Prenuptial agreement
It is not as much practiced here, but it is a useful agreement that can save you from a lot of hassle in case your marriage hits a rough patch. It can specify which asset goes to whom. It is agreed upon and signed before marriage.
It is not as much practiced here, but it is a useful agreement that can save you from a lot of hassle in case your marriage hits a rough patch. It can specify which asset goes to whom. It is agreed upon and signed before marriage.
Property rights during marriage
According to the Married Women Property Act of 1874, it is stated that women have their property rights, which means that the other spouse cannot claim the property legally. Usually, both spouses have equal rights on the assets that you have garnered together. Both spouses can enjoy and utilize the assets together (house, car, etc).
According to the Married Women Property Act of 1874, it is stated that women have their property rights, which means that the other spouse cannot claim the property legally. Usually, both spouses have equal rights on the assets that you have garnered together. Both spouses can enjoy and utilize the assets together (house, car, etc).
In case of divorce, Pakistani law must make sure that fair and equal distribution of assets is done when the marriage is on the brink of breaking. Sorting out your property matters after a divorce is not quick; it takes time and patience.
In terms of death, legally, the property is usually passed on to the living spouse. Unless a will has been written for the property distribution by the deceased, it is also important to make sure that all the debt of the deceased is paid off. And just like divorce, it takes time and process as well, since it is a legal process and everything is being sorted out properly.
FAQS
- What is the Married Women’s Property Act in Pakistan?
The Married Women’s Property Act, enacted in 1874, grants women exclusive rights to their property,
2. Can we make specific property arrangements before marriage?
Yes, you can. Prenuptial agreements, though not extremely common in Pakistan, are legally recognized.
3. How are property rights managed during the marriage?
During the marriage, the property is generally considered jointly owned. Major decisions about this shared property are made together, and both spouses have the right to use and enjoy the assets acquired during the marriage.
4. What happens to property in the event of divorce in Pakistan?
In case of divorce, the property is divided fairly based on contributions and needs.
5. Does the distribution of property change if one spouse passes away?
Yes, the surviving spouse usually inherits the shared property.