Husband seeks divorce. can i seek his house?

Mam, You can ask for accommodation if it in your husband's name despite the same is on rent. Injunction not a good option because its his property and he has every right to deal with the property the way he want to.... Yes you can stay there or seek alternative accommodation as well..... Regards Kapil Chandna Adv 9899011450

Mr. Chandna,

Thank you for your prompt reply.

Sir, as the property is solely in my husband's name, i understand that any injunction or stay will not work in my favor, correct?

But how to get order to stay in that house? Whether rented person is there or if my husband is there, what sort of cause/order will allow me to reside in that house?

a tenant cannot be evicted outright, especially when a registered agreement has been down between the landlord and the tenant. if the tenant refuses to vacate, you cannot do anything, the landlord and the tenant are bound by a legal registered agreement, you can ask for a separate rented accomodation

Mr. "Fighting Back"

Thank you for your response. 

I understand your reply. But what if my husband is living in this house? I may seem like some horrible wife, I am not. I am merely insisting on that house because living for rent with two small kids alone is causing me many safety issues. Men dont take kindly to a lady in the middle of a divorce case living alone with her two sons. That house is owned by my husband and is willed to my kids only. Given that i know the neighbours and security, i feel safer there. I have asked my lawyer to mention the same in my petition but wanted to get some advice here.

yes, if he is staying there, and if the house is in his name, then you can ask for accomodation, that is a settled law. but if you have mentioned any allegations of voilence on you or threat to your life in your DV petition, then things might get difficult, and the court might ponder on giving you an alternate accomodation if you have mentioned anything of the above. 

Thank you Mr.Maxx. 

I understand.

You have no right over your husband house on property rights. But you have the right for residence and it can seek from your husband. You can stay in your husband house unless he provides separate residence to you on his cost. you can also seek injunction from court not to disturb your possession from the husbands house.

. The house i mentioned is only in my husband's name. Can i ask the court to permit me to stay in that house with my kids. Is it allowed to call it matrimonial home though it is given for rent and we have not lived there for more than 3 years.

NO

2. Can i ask the court to pass one stay order prohibiting my husband from letting that house for rent/lease, selling or mortagaging the house? Like injunction types?

NO

 

3. My husband plans to shift to that house himself with his parents and he also plans to have that house address as the registered office for his new business.

If he goes to the house, can i go with my kids and stay there?     YES

If he uses that house for office, can i object and ask the court to give the house to me for staying with my kids?

If he is not able to provide you an alternate accommodation , you can very well go and stay in the place where he is residing.