Property jointly owned by husband can I claim share after divorce

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Question: I am a working lady looking for divorce from my husband. We have co-owned house in Indore (joint name in registry). Down payment and EMIs for house were paid by my husband, my salary was used in household expenses. Question 1 - I have moved out of house while my husband is still staying in house. Should I file partition suit for my 50% share, or will court do that with divorce decree. Question 2 - For partition suit, what will be court fee - ad valorem fee or some fixed fee. (asked because husband is staying in house and possession by co-owner is deemed as possession of all)

opinion:

you need not to file a suit for partition as you are already 50% owner of the house. you need to file a suit for declaration and possession of your share (if possession cannot be given considering the nature of property, then alternatively you can ask for present market value of your 50% share). no need to file partition suit. It will incur you ad valorem court fees leviable on the present market value of your 50% share. moreover, after divorce, you will also get share in his other properties as well as alimony. you can also file a DV case demanding separate household/money to live separately from your husband.

We handle such type of cases including matrimonial cases and may help you efficiently.

Thanks
Raghvendra Singh Raghuvanshi
Advocate-High Court of MP-Indore
Partner-Raghuvanshi Vaidya & Partners (Advocates & Legal Consultants)

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