Joint property in case of divorce
shrishriml
(Querist) 22 January 2018
This query is : Resolved
My husband and me own a joint property. I am currently staying in the said property with my minor son. He stopped paying the EMI. I have cleared entire dues and paying the EMI since a year.
there is an interim DV order asking him to pay monthly maintenance to the child and also which includes his contribution to EMI. However he has not complied with the order and appealed in sessions court.
There is a divorce case also filed by him.
Question:
Till the final disposal of the DV case or divorce case; can he file any petition to sell off the joint property and divide sale proceeds especially when i am staying in the said house and have been paying the EMI s since last one year? Even if he files an application, will that only be considered with final divorce hearing or dividing property can be passed as an interim order too?
Vijay Raj Mahajan
(Expert) 23 January 2018
You should as a precautionary measure move application for injunction for selling the house in the Family Court to stop any such act by your husband.
The property is in joint name can't be sold by him but as the things stand mischievous property dealers can get anything done so best option is to get stay order and share the order of court with Tehsildhar of the district so not transfer process with regards to the property can be done in your absence and without approval of the court.
Dr J C Vashista
(Expert) 24 January 2018
How can you or any Court stop him selling his share?
Dr J C Vashista
(Expert) 24 January 2018
Payment of interim maintenance is altogether a separate issue, which has been challenged by your husband, wait for the decision for further course of action, nothing can be presumed or predicted at this stage.
Dr J C Vashista
(Expert) 24 January 2018
What is the opinion and advise of your lawyer who is well aware of the facts and circumstances of your case(s) and its relation with the jointly owned property?
Do not adventure and seek second opinion of experts on this platform, despite the fact it is an obligation by experts FREE OF COST, it is bound to damage your case since the opinion and advise of experts shall be based on "half-cooked" information provided by you.
Ms.Usha Kapoor
(Expert) 22 June 2018
aGREE WITH vIJAY RAJ AND Mr.. jc vASHISTA.
Ms.Usha Kapoor
(Expert) 25 June 2018
I agree with Vashista and Vijay Raj Mahajan.
Ms.Usha Kapoor
(Expert) 27 June 2018
I agreewith Mr.Mahajan andf Vashista.
Ms.Usha Kapoor
(Expert) 10 July 2018
I agre with Vijay Raj Mahajan'sview and myview.
