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My husband is making me leave joint apartment where i am staying


16-May-2024 (In Family Law)
I am fighting divorce case since 2022 where my husband filed a divorce case against me. The apartment where i am living with my son is in both me and my husbands name and is loan free. He is trying to legally make me move out of the apartment stating i have not contributed to emi. I am worried that he may take legal action. If such situation arise will court make me and my son to vacate the house.
Answers (4)

Answer #1
786 votes
Hello , some more facts Need to be know to suggest you . Are you fighting your case or you have not appeared in divorce case filed by your husband. The question is that whether court will order to flat in which u and your son is staying. only one suggestion is that you should not leave the flat before any Final settlement reached by court. I can suggest you after I am know more facts what exactly can be done in your particular particular case.
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Advocate Babita

Adv. Babita

LawRato Bangalore / Bengaluru | 200+ Answers
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Answer #2
790 votes
there is very simple solution just file a case of domestic violence in court and ask for a protection order not to disposse or evict you from said apartment as it is the only house where you and your child reside, also ask for any other reliefs required as mentioned in domestic violence case, the court will definitely grant protection to you and your son and you cannot be evicted by only stating that you have not contributed to emi. Further rest assured the court will not pass any order asking you to vacate the apartment, if he is harassing you file domestic violence and take an protection order to stay away from you and your apartment and workplace, the domestic violence act has all the reliefs which a woman needs.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRatoBelgaum | 25+ Answers
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Answer #3
607 votes
1. your husband has a chance of taking the legal action to move out of the apartment stating that you have not contributed to emi. 2. in such situations the court will consider your and your husband's side argument and pass the suitable orders.
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Advocate Geethanjali Setty

Adv. Geethanjali Setty

LawRatoBangalore / Bengaluru | 200+ Answers
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Answer #4
578 votes
Dear Madam, Since the house in the joint names of yourself and your husband so he cannot throw you out of the house. You are the joint owner whether you contributed to EMI or not. He has not got any Court order saying that he is the exclusive owner of the flat. Till then you can continue in the same flat along with your child since it is your matrimonial house as well as joint owner of the said house.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ 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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