Oscar Mendes (Service) 30 January 2012
Hello Experts,
My divorce case is going on now, and it is in trial phase, it has been 3 yrs now that the case is going on... i would like to know that if i buy a house now, will i have to share 50% with her.. is there a way to go about it, where in i can buy the house on loan without having to share it with her..
Chaitanya_Lawyer_Mumbai (Lawyer) 30 January 2012
you will not have to share it but it will be considered as your asset while determining alimony to her.
so either buy it in your parents name or make sure she does not come to know about it.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 31 January 2012
Better wait till divorce happens.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Krishna Kumar (Business) 31 January 2012
Hi,
When we buy house in bank loan, till the loan gets paid fully that is not his property. So will it be considered in maintenance?
I read somewhere if we pay EMIs, the maintenance amount will get reduced as it is one of the expense from husband hand. Please clarify.
Chaitanya_Lawyer_Mumbai (Lawyer) 31 January 2012
As the property will be in the name of bank till the loan is paid,it will not be considered in maintenance.
EMI's wil not be considered as expenses.In-hand income post PF-deducion will be considered.
Sudhir Kumar, Advocate (Advocate) 05 February 2012
I have to disagree. The property will not be in the name of Bank it will merely be mortgaged to Bank.
The query is not complete. If wife was earning and they were saving from common income then she can very well claim joint earnings to hve been used for buying the property.
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