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amitk   14 February 2015

Joint ownership property after divorce

Husband and Wife are Divorced. Decree obtained. Wife is presently living in flat owned jointly by husband and wife. Husband living elsewhere.

 

Can the husband prevent the wife through court for the following:

  1. Not to remove/sell/dispose off any household items owned by the husband?
  2. If removed already, what remedy?

 

This is urgent, please let me know how to proceed.

 

Thanks



Learning

 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     14 February 2015

  the flat owned jointly be the husband and wife.  that means they both having equal rights over the property and each individual cannot transfer.  for the movables, issue a registered lawyer notice to wife.  consult a local lawyer in the matter.

saravanan s (legal advisor)     14 February 2015

Its better to settle everything between u both after divorce including the joint property u own

Laxmi Kant Joshi (Advocate )     14 February 2015

If flat is purchased jointly in the name of husband and wife then both have equal right over that no one individual can sell or transfer any articles from the flat, now you want to restrain her not to do any such illigal act like selling The household article etc then i suggest you to talk to her regarding this and amicably sortout any solution, there is no use to go for unnecessary litigation .

SuperNuvos (Own)     15 February 2015

Hi..was the issue about the joint property raised during the divorce proceedings? What orders were passed by the court related to the same? Why is the husband staying out?

Pinakin Joshi (Independent)     15 February 2015

WE are in equality of law...... if you can prove that your wife had not invested any single penni,,,,, and the joint name was only for the purpose of personal love and affections......

Advocate Ravinder (Advocate/Attorney)     16 February 2015

Since it is joint property, you cannot evict her from the property.  It is better to shift your movables to somewhere to your friends/relatives flat.  Or in the alternative enter into an MOU between you and your wife that she will not sell/remove the movables (make a list).  However, you can demand ½ of the rent of that flat. 

 

If she already sold movables, you have to file a civil suit to produce the articles or pay the equivalent amount along with interest and legal expenses.  But you should be albe to prove in the court that you had purchased that article by showing bills etc. 

T. Kalaiselvan, Advocate (Advocate)     18 February 2015

first place you can move an application restraining her from disposing the movable properties that belong to you and in case she is believed to have sold the same, you may add another prayer to recover the value of it by paying proper court fee for the purpose. In the joint property, you can also file a partition suit seeking separate possession of your share in the property and as an interim relief to lodge your valuable movable properties in a make shift portion under lock and key to avoid they being disposed without your knowledge.   Consult your lawyer and get the things straightened accordingly.

Samir N (General Queries) (Business)     18 February 2015

Nuvo raises an important point... Why was this not raised during the divorce proceeding? Such issues are an integral part of the divorce proceeding and especially connected with maintenance. You better file a civil suit right away in a Court of appropriate jurisdiction because she can later claim the defense of "constructive res judicata" or estoppel or laches later claiming that the issues could and should have been raised in the divorce proceeding and as it was not raised, you have waived your rights!  There are complex legal theories involved when you fail to timely assert your rights in an ongoing proceeding where the issue could have been raised.  

Advocate Ravinder (Advocate/Attorney)     18 February 2015

I Agree with Sameer N.  This point was not raised by anybody.


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