Share in joint property

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved
The couple have been married for 22 years now and have two children. All of a sudden the wife wants separation / divorce and is very keen to finalise it at the earliest. The husband is retired not employed and has monthly pension and she is a school teacher earning more than the pension amount. Frankly there is no justifiable reason for separation. The husband is very keen to keep the family united and has been requesting the wife to forget any minor issues of misunderstanding in the past and make all out effort to bring happiness for, specially when the children are still studying and yet to settle. The husband is also ready to make any sacrifices to save the marriage. The motive of the wife for urgent separation is not clear - maybe she has some aletrnative available or appears that she may have committed elsewhere.

In her draft Petition for mutual consent she has asked for property share and visitation rights. She has not yet moved out of the house as a condition for living separately for one year.

The flat is in joint name and her name was put as joint - as in most of the cases out of love and affection and to avoid any complications in any eventuality. There is documentary evidence available to support that the entire amount for the purchase of flat 10 years ago was paid by the husband and also supported by his brothers.

1. Please advise what can be done to save the marriage as husband is very keen to save.

2. Also, Please advise if her claim on property is valid?

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 26 September 2010
Without any valid reasons divorce wont be granted.
When the property is earned by the husband and got valid documents he has to produce before the court.
One thing in the divorce petition she cannot claim her share. If she wants any share she has to go for suit for partition and separate possession.

Devajyoti Barman (Expert) 26 September 2010
Only the mutual discussion between the husband and the wife could yield any fruitful result and yes, the wife does have right in the property purchased in joint name.

s.subramanian (Expert) 26 September 2010
I agree with Mr.Barman

Querist : Anonymous (Querist) 26 September 2010
It is reiterated that the property has been purchased totally by husband's savings / money.Nothing was paid by the wife. The name of the wife was added out of love and affection without anticipating the unfortunate happenings in life after ten years of purchase and 22 years of marriage. The valid proof is available. Does it mean that the husband is always the sufferer when the wife takes away Streedhan, maintenance etc even while earning more than the husband.

I am inclined to agree with the points given by Rajeev to a great extent.

Querist : Anonymous (Querist) 27 September 2010
I will be grateful for an opinion by Aishwarya & Prabhakar.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries