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Advice on filing Divorce and Property Settlement
30-Jun-2023 (In Divorce Law)
Hi.. Myself and my Wife have decided to part ways after a marriage of 13 years and have decided to file for a mutual divorce.
Since, there is no child and we have been living separately for more than 2 years now, hopefully a mutual divorce petition can be filed?
Another important aspect where we are seeking advice is on property settlement - we have 3 joint properties with joint home loans on all 3 properties. Although, mutually we both have agreed on the division - 2 properties to remain with me and 1 with my wife; however the process to change the ownership and lending institution formalities are still pending.
The question is can we file a mutual divorce petition by presenting a settlement agreement and work on property ownership changes after 1st motion or is it mandatory to settle all property ownerships and then file divorce petition?
Kindly advice !!
Yes, you can proceed. You have to file mutual divorce petition under section 13 B of Hindu Marriage Act. You have to mention all the terms and conditions into the petition. Before recording second motion statement you have complete the legal formalities to transfer the properties.
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Adv. Sanjeet Kumar
Sonipat | 25+ Answers
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Hi, you get a 6 months date for the second motion ..A MOU can be filed on the first motion ,mentioning the formalities to be completed before the second motion ...It is not necessary to get it done priorly ..
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Adv. Hemant Chaudhary
Gurgaon / Gurugram | 25+ Answers
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you can file joint petition on which you both are agreed you can write all terms and conditions on which you both are agreed. In first motion you can write details on which ownership you both are agreed. and before second motion you can do all settlement agreement. and in second motion you both give your joint statement that all have been settled.
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Adv. Vaibhav Deswal
Panipat | 25+ Answers
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Hello Sir/Mam
There are various legal Remedies to deal with it .
Rest depends on the matter.
You can contact me over phone call for further assistance or advice.
Thank you
Regards
Advocate kuber Hooda
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Adv. Kuber Hooda
Panchkula | 700+ Answers
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