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Lawyer Query   31 March 2025

Joint property

I had to leave my martial home three years ago after 17 years of marriage. This was due to continued emotional abuse, controlling behaviour and fear for my life due to excessive rage and manipulation. My daughter was also subjected to similar control and abuse. I filed for Judicial Seperation on the grounds of cruely and recieved the decree after three years of court battle. My spouse is impossible to deal with and would not agree any proposal for mutual consent. 

Throughout the marraige I was the primary earning member and we have joint properties. He was unemployed for 10 years out of the 17 years of marraige. He is living in our joint home and holding onto all of the joint property and the jewerly locker. 

What is the best approach for me to get my share of the property? I am willing to split everything at 50% inspite of contributing much more than 50%. 

Should I file for divorce in order to get property? Or there other means by which I can my share of the joint property? How long will it take? Please note that he is likely to contest anything I try to the fullest. 

Thank you in advance



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     31 March 2025

You file a suit for partition to divide the jointly owned properties equally and to allot your legitimate share with separate possession. 

You can also file an application in the same suit to recover your jewelry from the joint locker. 

You need not file divorce case for this purpose. 

 

P. Venu (Advocate)     01 April 2025

Why is it that you had limited relief to separation than for divorce?

Lawyer Query   02 April 2025

Thank you for your reply. Should this be filed in family court?

Should I use an attorney that specializes in property disputes or should I get someone that deals with divorce cases? 

 How many years will the court take give me a decree with the property split? I am hoping I can get my share of the property and avoid paying rent, which I have been paying over last three years. I also need property to be able to pay for my daughter's education. 

Will evidence of payment of mortgage and jewerly reciepts be required for joint-property split between seperated couple? We do not have any of these as the expenses occured over 17 years. I have copy of the documents related to our joint properties which has both our names. We do not have reciepts for the jewelry purchases. 

Thank you again for your replies. 


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