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Author Topic: husband seeks divorce, can i seek his house?  (Read 1844 times)

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Offline anu sharma

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husband seeks divorce, can i seek his house?
« on: March 15, 2015, 10:36:25 AM »
Hello, My name is Anu Sharma. I am married for 10 years and two children. My husband filed for divorce because of a relationship with another female. No amount of family meditations have helped. Divorce case is ongoing.
We have a house in my husband's name but that was let for rent and we were staying in a bigger home for rent at the time of filing divorce.
My husband moved out after filing divorce. I am a dentist  by professional and earning well but as i am unable to take care of monthly expenses for me and my two kids (in primary school) and also pay rent for the bigger house, i also moved into a smaller place.
My husband does not give me any money and has not provided anything for the family for the past one year. Recently i filed a DVA case against him along with interim maintenance request.
In the meantime, i have the following queries.

1. 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.

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?

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?
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?

I would appreciate any help. Please answer my query.
Thank you very much in advance.

Offline advarjun

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Re: husband seeks divorce, can i seek his house?
« Reply #1 on: March 15, 2015, 07:31:34 PM »
You have a right to residence both kids and you, your husband has to provide for it.
since you are warning you may not get maintenance, but your children is entitled to maintanence.

by the way you did not mention are you also willing to give divorce?

what is your husband's grounds for divorce.

Note: don't keep filing anything on court without understanding what could be thefinal outcome
Advocate Arjun India's Finest legal expert in Kolkata City, with extensive cross border practice in Dhaka

Offline saravanan.s

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Re: husband seeks divorce, can i seek his house?
« Reply #2 on: March 15, 2015, 10:25:17 PM »
1.yes you have right of residence in the matrimonial home since the house is in husband name.if the court gives residential order then your husband has to honour it. if not you can file for a execution order from court.
2. no you cant do it for the house is in the name of your husband
3. yes

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