Property Partition & Divorce: Your Rights Under Nepal's Civil Code (2025)

The Era of Equal Property Rights

The Muluki Civil Code 2074 (and its latest interpretations in 2025) has fundamentally shifted the landscape of family law in Nepal. The most significant change is the inextricable link between Divorce and Property Partition (Anshabanda).

Gone are the days when a spouse could be left with nothing. Today, the law mandates that marital property is a shared asset, and its division is a right, not a privilege.

1. Property Division in Divorce (The 50/50 Rule)

Section 99 of the Muluki Civil Code is clear: Marital property must be divided equally.

What counts as “Marital Property”?

• Assets acquired by either spouse during the marriage.
• Family business earnings where both contributed.
• investments made from joint income.

What is EXCLUDED? (Private Property)

• Pre-marital Assets: Property you owned before the marriage.
• Inheritance: Property you personally inherited from your parents (unless mixed into the family pot).
• Personal Gifts: Daijo/Pewta (dowry/gifts) given specifically to the woman.

Legal Insight: If a husband tries to hide property or transfer it to relatives to avoid sharing it during divorce, the court can invalidate those transfers and penalize him.

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2. Ancestral Property Rights (Anshabanda)

The concept of Anshabanda (partition of ancestral property) has also evolved.

• Equal Rights: Sons and Daughters have equal claims to ancestral property, regardless of their marital status. A married daughter acts as an equal coparcener to her brother.
• Claiming Before 35: While there is no strict statute of limitations for filing a partition suit, it is strategic to claim your rights while the property is intact.

The “Automatic Partition” in Divorce

If a wife files for divorce, she can simultaneously file for property partition. The court will first determine the husband’s share in his ancestral property and then divide that share between the husband and wife.

• Example: If a husband has 1 brother and parents (4 shares total), his share is 25%. In a divorce, the wife gets half of that 25% (i.e., 12.5% of the total ancestral property).

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3. Alimony vs. Property Share

Many clients ask: Can I get both monthly alimony and property? Generally, Property Share takes precedence. The court prefers a clean break “Lump Sum” settlement via property partition.

• When Alimony Apply? If the husband has no property implies to divide, the court may order monthly maintenance (Mana Chamal) based on his income.
• Children’s Rights: Child support is separate. Regardless of who gets the property, the father is legally obligated to cover education and health expenses for the minors.

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4. Grounds for Divorce (Updated)

The Civil Code 2074 made it easier for both men and women to file for divorce directly in court.

• Mutual Consent: The fastest way (can be done in 2 days).
• Fault-Based:
  • Physical or mental torture.
  • Desertion (spouse living apart for 3+ years).
  • Adultery (Sexual relations with others).

Note: The “cooling period” of 1 year often applies if the husband files for divorce without the wife’s consent, but this is waived in cases of abuse.

Conclusion

Divorce is emotionally draining, but it shouldn’t be financially devastating. The current laws in Nepal are designed to ensure financial fairness. Whether you are fighting for your share of the house or protecting your pre-marital assets, documentation is key.

Disclaimer: Family law cases are highly specific. This guide provides a general legal framework. For representation in Kathmandu District Court or other courts, contact our Family Law Department.