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Wife wants house and loan from my cousin in mutual divorce. What to do


09-Sep-2023 (In Property Law)

My question is that my cousins has file a divorce case against his wife and is living with someone else . His wife is residing at the same house which has been bought by my cousin and the property is on loan from the bank it has been now 3 years that they are separated and the case is still running . My question is that the lady wants the complete ownership of the house and also have this condition for mutual divorce is that she will take the complete house and my cousin have to made the home loan free.

Answers (3)

Answer #1
728 votes
When it comes to taking divorce through mutual terms, the couple can decide the terms amicably and thereafter, obtain divorce in expedited manner. In such cases, the alimony of the wife has to be decided by the couple and no conditions are mandatory.

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Answer #2
626 votes
You should engage a Lawyer or a trained mediator negotiate the terms of settlement between the parties. You could probably give her the house but have her pay the remainder of the loan or work out some arrangement that would work for both parties. Instead of focusing on your respective shares, focus on what the children will get if they have any. If the wife is still adamant about getting the entire house without paying for it then you should contest the divorce instead of filing it by mutual consent.
Answer #3
619 votes
In matrimonial cases, wife has right to get residential rights in the property of her husband. If husband does not have any property then he is liable to pay house rent to his wife or a separate accommodation besides monthly maintenance.
Parties reach at the stage of mutual divorce when they agree at certain terms and has decided to end the relationship. The terms can be a lump sum amount as permanent alimony or a property or both which depends on the status of the parties.

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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