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ALAK MAZUMDER   22 July 2015

Spousal right for husband's property after marriage

My friend aged 49 years got married in 1995 and had a mutual divorce / separation last year.

He wants to dispose off the house property exclusively owned by him but is not in  aposition to do so as his spouse is forcibly occupying a part of the house.

What is the remedy available under family law so as to enable my friend sell the house property 

 5 Replies

prabhakar advocate (advocate)     22 July 2015

If MCD agreement is not talking about the property and if he is the absolute owner of the property, she is a trespasser and nothing can stop him to dispose off this property.  But the problem is to find a buyer for a property squated by a trespasser.  If no buyer comes forward to purchase such property, then he has to file a civil suit first to get her evacuated from that property.

saravanan s (legal advisor)     22 July 2015

if the exwife doesnt have any share in the property and if the title of the property is on the hubands name  alone then he can first serve a notice to her to vacate the premises and if she still doesnt leave then you can file a eviction suit on her.

remember you have to make her evict only through due process of law and not by using force


U haven't mentioned when the property was purchased,before marriage or after marriage? Didn't she raise the property issue during the proceedings of MCD?

T. Kalaiselvan, Advocate (Advocate)     25 July 2015

As rightly observed, if the issue has not reflected in the MOU of mutual consent divorce, he can evict her by filing an eviction suit, but please make sure that he has to follow due process of law only and not to take law into his hands which will retaliate and he may have to get involved into long drawn legal battles once again. 


There are many more things the querist is not revealing for a better analysis and suggestion.

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