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What rights do I have in joint property in case of divorce


20-Apr-2023 (In Divorce Law)

Hi, I m Married fir last 4.6 yr. Have a son of 3.6 yr. My husband had asked me to move out of his house Whn I was 4 mnths pregnant and since thn I m living at my parents place.. In the last 4 yrs we tried patching up and last year we bought a flat, this is on my n my husband's name. However again he backed out. He says that I will erase ur name n pressurising me to get the paper sign So tht he can b the single owner n can sell it or do whatever he feels like. And also wants divorce . do I have rights for our new house can he force me for divorce can I ask fir maintainance Wat is my sons le

Answers (3)

Answer #1
814 votes
Dear one, After reading your query, I suggest you not to fear because your husband can't sell said flat without your acceptance as you are the co-owner in that flat and he can't divorce you forcely as divorce suit can be filed by mutual consent or by cruelty basis and if your husband moved out you from the residence than you can file a suit of maintenance for you and your child and also file a suit domestic violence against him in case of harresment with you.
Answer #2
833 votes
Madam if the house was not purchased by your own money, your husband had to give you an innocent pass in his house and you would have a right of shared household. You can file a complaint against your husband for his overt greedy act and you can claim maintenance for you and your son under section 125 of Cr.P.C. or section 12 of Protection of women from Domestic Violence Act.
Answer #3
640 votes
you have right to ask for maintenance for yourself and for your sons, you can take shelter of Domestic violence Act and your husband cannot force you to sign papers. Meet a lawyer and ventilate your grievance for legal aid

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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