LawRato

Can I stay at my husband's house till the time we don't get divorce


02-Dec-2023 (In Divorce Law)

If me and my husband apply for divorce under mutual consent, can i stay with him in the same house till i get divorce? If he won't agree for mutual consent, i have to file a divorce case against him.. in that situation shall i have the rights to stay in his house? because i cant move to my parent's place till april since my five year old son is going to school.. i cant shift in between... So my question is shall i have the rights to stay in my husband's house till i get divorce? or is there any law that i cant stay in his house after applying for divorce.. please help me... what should i do?

Answers (2)

Answer #1
886 votes
As a wife you have every right to stay in your matrimonial home ,which is also termed as a shared house hold, till the decree of divorce is granted by the appropriate family court. Even if you file a divorce case against your husband, you have right to stay in your husband's house.
Answer #2
884 votes
Dear Client,

thanks for your query. You have the right to stay with your husband until the Divorce petition is decided. you can claim your right by an interil relief of residence order. even during the pend ency of the case, if you husband refuses to share the household with you, the you can claim for maintenance by way of alternative accommodation.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."