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Court's Practice on Husband property
26-Dec-2023 (In Divorce Law)
Hello,
A husband has two houses in his name acquired before marriage and loan payment completed after marriage out his own means. After marriage, the husband and wife never stayed in those houses. Wife is working with slightly less income than husband.
The doubts are below:
- Is there a way for wife to claim residential rights on those 2 properties?
- Will it affect the permanent settlement or alumni?
- How does the court take the same into consideration?
- Is it advisable to sell/transfer the property to someone else?
wife can of course claim residential rights in any of those properties citing reason that she feels unsafe staying with you in the house that you are presently living in. permanent alimony may not be affected by it since alimony will decide what goes to the wife. however residence rights may be one of the terms of the settlement. the manner in which court takes it into consideration depends upon the facts and circumstances of the case and the manner in which they are presented before the court. you may sell the properties, but then the amount that you receive by selling them will be considered while deciding the alimony.
Helpful?
Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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your case has very peculiar facts and i think litigation has not yet started. question of alimony comes when you lock horns with other party in divorce case. in your case, the best way to protect your assets is to make a comprehensive settlement to get rid of your problem. make a good strategy with legal expert to solve the issue.
Helpful?
Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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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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