Divorce
God is there for good people
(Querist) 22 October 2012
This query is : Resolved
Dear Sir,
Me and my wife are on the verge of Divorce. It’s a 14 year old marriage that is being called off. We have two daughters aged 12 years and 7 years out of this marriage who are under her custody.
We have a residential property in joint ownership under finance from a financial institution, the EMIs of which are being paid by me from my Savings Account .
The petition for Divorce under mutual consent is yet to be filed.
Earlier we had mutually agreed that the residential property will be sold off and the remains after the closure of the loan will be equally divided between both the children. We decided to deposit the amount as a FD in any bank which can be withdrawn by the Children once they become major.
But now she has changed her stand and wants the entire amount under her name. On my refusal, she has threatened that she will not co-operate in the filing of petition for Divorce under mutual consent, nor in the sale of property.
I had given my view that let both of us divide the amount equally between ourselves, which she has declined.
Now as the property is under joint name I am unable to sell it off independently and if I need to sell I have to agree to her condition of letting her have the entire amount after the closure of loan.
Kindly help with resolution.
Also please help me if possible with some good legal counsel in Ahmedabad.
Regards,
Devajyoti Barman
(Expert) 22 October 2012
Well without her consent you can not sell this property.
Negotiate with her and try to make amicable settlement.
Rajeev Kumar
(Expert) 22 October 2012
I too agrree with Barman Sir and need not to add further.
M V Gupta
(Expert) 22 October 2012
Perhaps her concern is that if the sale proceeds are kept in the minors' names, u will be the person entitled to operate the accounts as their natural guardian. Hence consider proposing to her to keep both ur names as guardians with joint operation of the accounts for the benefit of the minors.
K.K.Ganguly
(Expert) 22 October 2012
You have no other option. Better agree to her proposal & get rid of her. In any case, the kids are with her & your money is expected to be spent by her on them.
JANAK RAJ VATSA
(Expert) 29 October 2012
its a win win situation for her. you need to tag along
V R SHROFF
(Expert) 29 October 2012
u r in a fix.
amicable settlement on filing 13B is the only solution fvr to u.
If bank loan is more than 50% due , think alternates/ way out.
