Property Division in Divorce in Nepal – Quick and Easy Guide 2026
Short answer
How is property divided in a divorce in Nepal?
Husband and wife have equal rights in the couple's property under the Muluki Civil Code 2074.
Where the divorce is caused by the husband, the wife may receive half of the total property.
The court decides what counts as joint property, and whether there was fault. It decides on evidence. No formula gives the answer in advance.
- Nepali term
- Ansha banda, meaning property partition
- Starting position
- Equal rights of husband and wife
- Decided by
- The district court, on evidence
- Governing law
- Muluki Civil Code 2074
You can find the information regarding the property division in Divorce in Nepal in this article. The partition of property between the husband and the wife should be before or during the divorce process. The property can’t be claimed after the divorce process is completed. The Muluki Civil Code of 2074 governs the legal provisions relating to property division in divorce in Nepal.
Legal Provision of Property Division in Divorce in Nepal
Property Law in Nepal During Divorce
- If the cause of the divorce is the husband, then the property is divided with the wife if the wife demands before the concerned district court.
- If the grounds available for the wife to divorce are met and verified, then the wife gets the property from her husband.
- If the overall property of the husband and the wife is in the common name of both the husband and wife or in the name of a husband or a wife, such property is divided equally between the husband and the wife.
- If the husband had not received the property from his other coparceners, then the partition of the property is concluded to the concerned husband, and such property will be divided between the husband and the wife.
- If the divorce process takes a long time to complete, then the wife will be provided with the monthly cost according to the husband’s income and property.
- If the wife only wants the money as a whole, or the monthly cost, or the yearly cost from the husband, it should be provided accordingly.
- If there is no property to be divided, the wife will get the monthly cost for the basic fulfillment from the husband. But the wife doesn’t get it if the husband has a lower income than that of the wife or if the wife concludes another marriage.
- If there is an agreement about how the property will be distributed, then it should be done accordingly.
Conclusion
Partition of the property in divorce is a major concern, especially for the wife if she doesn’t have a regular income source, and in similar conditions, the wife has to look after the child. So, the property partition in divorce is essential before the divorce.
The law on this page
Muluki Civil Code 2074 (2017)
Partition of property in divorce is dealt with in sections 99 and 100.
- Partition of property on divorce has its own provisions in the Code.Sections 99 and 100
- Husband and wife hold equal rights in the property of the couple.
- Where the husband is at fault, the wife may receive half of the total property.
- What counts as joint property, and who was at fault, are decided on evidence.
This is general legal information, not advice on your case.
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