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want to know how the property distributi is done before filing divorce


28-Sep-2023 (In Family Law)
Hi, I am a Hindu, and I am Considering filing for mutual/contested divorce(need to discuss with the other party) but before that, I was looking for some advice on how the distribution of property(mainly the house) is done post-divorce. We have a house, and it's in the name of my husband. So, Let's say the divorce is done then, will I be forced to leave the house or he'll have to leave that? I am mostly confused about this aspect and any help/advice would be appreciated.
Answers (2)

Answer #1
552 votes
U can file a contested /mutual divorce ,after the divorce decree is passed then or during the pendency of divorce petition u can file application under section 25 HMA for permanent alimony ,in that u can proof that the house is in name of ur husband/purchased by him and as per the value u can seek amount from him .There are many other points, u can discuss with me I specially deal in matrimonial cases .
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Advocate Ashutosh Patel

Adv. Ashutosh Patel

LawRato Jabalpur | 400+ Answers
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Answer #2
596 votes
So basically you are only entitled to any property in the name of your husband only if the property is inherited to him as ancestral property and you can claim over it as a wife. Any other property which is his self acquired is on his will and consent to transfer or not. if the house you are staying in is an ancestral property then you cannot be forced to leave the same. also you can claim alimony with the divorce.
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Advocate Suyash Prapanna

Adv. Suyash Prapanna

LawRatoIndore | 25+ 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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