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Who owns what in a marriage in India?

Depends on the spouses' religion or personal law

India has no single default regime for marital property. Each spouse owns their own property, personal laws apply, and a court decides on division case by case, except in Goa, which has a community of property.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

Each spouse owns what is in their name, and the property laws are mostly governed by the spouses' personal law, depending on religion. Goa, with its own civil code of Portuguese origin, has a community of property.

When the marriage ends in divorce

A court may order maintenance and in some cases property arrangements, case by case. There is no fixed formula for dividing property in most of the country.

A marriage contract

Marriage contracts regulating property have limited recognition, and their use is not common.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal, and a woman's own property (stridhan) is protected.

If one spouse is a foreigner

Which personal law applies depends on the religion of the spouses and on the Special Marriage Act in some cases. Get local advice.

What to watch for

  • Goa is an exception, with a community regime for couples under its civil code.

Understand the legal system first

India belongs to the Common law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the India legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in India? →

Official sources

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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.