LawRato

Property matter during divorce


18-Nov-2024 (In Property Law)
Wife has deceived / cheated her husband by marriage on false basis. 1. Can husband transfer his self acquired property (before marriage) to private family trust during divorce even if wife brings stay from court for her right of residence? 2. Wife lives separately post marriage. Can wife bring stay of residence at mother-in-law owned home, if wife stayed at that home in past, for 6 months post pregnancy (under care of mother-in-law) because wifes mother was not present during her pregnancy.
Answers (4)

Answer #1
574 votes
During the subsistence of stay from the court, you cannot effect any kind of transfer of the property. Further, wife can seek right of residence but cannot enforce a stay on the property which belongs to the mother-in-law. Feel free to contact me for seeking any legal advice as regards the same.
Helpful? LawRato LawRato
Answer #2
850 votes
Dear client, based on your question The husband is generally free to transfer self- acquired property as it belongs solely to him , unless a court order restricts such a transfer during the divorce proceedings. As per your second query if the wife has not lived in the husband's or in-laws house after marriage, she might face challenges in providing it as a shared household . This needs a detailed discussion for which feel free to contact us.
Helpful? LawRato LawRato
Answer #3
650 votes
Well, if the Wife brings stay from Court, that, you cannot sell your Self made Property, considering, it is her right to remain in that Property being Right of Share Household in Matrimonial Home, then, in such a case, you have to convince the concerned Family Court to revoke such Stay Order or Ad Interim Relief.
Helpful? LawRato LawRato
Answer #4
662 votes
if the property yourself a quad property then you are the owner of the property for that purpose ticket declaration from the code property belongs to me though I having corporate her name flat it was out of love in affection if you have incorporated ok and the flat belongs to me much is the flat belongs to you you have right to dispose of in the manner you want. of the court residence you cannot reach the order because that would ten amount to contempt full stop you can create third party right baby of selling it to somebody else but you cannot dispose her or throw her out , you have to follow the due process that is if you want to throw around come on then you have to file a Suit against in a civil court not in the family court in the Civil Court
Helpful? LawRato LawRato

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."