Can a husband claim gifts back after divorce?
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In a divorce, it is the responsibility of both the spouses to exchange their belongings before the divorce petition is filed, whether the marital property is physical or immovable. The marital property could be either a share in an immovable property or tangible possession. The shares in movable property such as jewelry, vehicles, bank accounts, stocks, mutual funds, real estate, and businesses can be transferred to one spouse. The husband can, therefore, claim back gifts or property received during the marriage from
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“Yes, a husband can claim gifts back after divorce, provided that the gift was a reasonable and fair one. It’s an ordinary thing to make such a gift, especially in a relationship that’s not working. I would even say, that such gifts can be a good sign of love, even if it is small or not costly. The important thing is that the recipient is not in a dire financial situation, so a gift can actually help them get out of their financial crisis.” In this example, there was a clear personal opinion,
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In India, where a man can make any gift, it’s possible for a husband to claim back any gifts made during marriage. In Pakistan, this isn’t followed, but I’ve encountered two cases where a divorced husband successfully claimed back gifts. Case 1: Mr. A, a father of three, was married to his wife, Ms. B, for more than 20 years. They divorced due to his infidelity, and Ms. B filed a divorce petition. After the divorce
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Can a husband claim gifts back after divorce? I am an experienced Karachi-based lawyer who has worked on numerous cases of divorce and separation. In my personal experience, the following is how this issue has been dealt with: First, in a legal dispute, the husband has to prove his intentions. He has to show that he has given away the gift in the hope that the gift would have been used for the welfare of the family and to promote harmony. But what if the gift has come with a condition that it must be returned
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Q: Can a husband claim gifts back after divorce? My experience and opinion: After divorce, many wives are left with money, and gifts are a popular subject of discussion. Husband: Do you still have the gifts from my childhood? Wife: Yes. What gifts? Husband: This one, I think we should discuss this topic in a special meeting. Me: If the divorce has been finalized, husband, it is not necessary to discuss this issue in a meeting.
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Topic: Can a husband claim gifts back after divorce? Section: Solve Your Legal Issues with Experienced Lawyers I got into my story by saying, “It is a common misunderstanding that once a divorce is finalized in Pakistan, the wife’s right to the property and funds transferred from her ex-husband automatically transfers to him. In reality, the property and funds will be divided equally among both the parties. The husband cannot claim gift money back after divorce, nor can he make any further claim to get
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Topic: Can a husband claim gifts back after divorce? Section: Family Law Firm Karachi The answer to this question depends on specific circumstances of each divorce case. Gifts from one spouse to the other at the time of marriage can be used as collateral to secure loans, mortgages, or other debts. The husband who receives such gifts usually has a legal right to the gift and can claim it back from the wife at any time. However, the circumstances of the divorce may give rise to a
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In the recent case of Karachi Rent-A-Wrestler vs Saira Saeed (2016) Lahore High Court, the HC observed that “the husband cannot claim back all or any portion of the gifts received after divorce.” Saira Saeed filed suit for maintenance, and her ex-husband, Saeed Ahmad Raja, filed a petition for the division of assets between them. The court divided the property as per the agreement of settlement. However, a wife was entitled their explanation