Prashant (Proprietor) 30 May 2014

One time settlement money payment

Marraige took place in 2007

Both Husband and Wife were working couple

In 2011 Husband left the job and started his own business which did not go well and made loss

After 2011 Husbands income is zero and is dependent on other family members for survival

Wife decided to stay seperate in October 2013 and moved out of the house and now staying seperate

There is house in joint ownership between husband and wife. The home loan for the said house is not yet paid off. Till 17 years of EMI is pending

Now wife is claiming one time settlement amount to give away her share in flat

Couple has no kids

Question

1) Is husband liable to pay one time alimony or the monthly alimony ? As husband has no source of income

2) Can wife claim her share in house ? As the EMI for house is not yet paid off

3) As per wifes lawyer the current market value of house is Rs. 50 lac and Loan o/s is Rs. 20 lac hence balance amount of Rs. 15 lac will come in share of wife. If husband denies to pay then wife will file suit to sale the flat and recover her share. ( Can wife file suit for sale of flat to recover her share )

4) If husband opts for monthly alimony then what is base of calculation and till what time is husband required to pay the monthly alimony.

5) Is it advisable to contest the matter in court or to settle with mutual consent

Thanks

Reply Follow

6 Replies

Adv k . mahesh (advocate) 30 May 2014

it is not clear wheather you want to separate from you husband or you want to take mutual consent divorce and stay separate

once if you go to court then again establishing your relation with your husband will be very hard

you can ask any one like one time settlement or maintenance but here maintenance is not possible as he not working and selling the flat and paying only one option

try to convince him to do job and settle all the issues before taking such hard step

Prashant (Proprietor) 30 May 2014

Dear Mr. Mahesh,

The joint house was purchased in Year 2010 for Rs. 27 lac and current market value Rs. 50 lac. The wife has equal share in property in that case how much amount can wife claim Rs. 13.5 lac or Rs. 25 lac

Adv k . mahesh (advocate) 30 May 2014

she has equal share in the property

Pawan Kumar (qwe) 30 May 2014

Setlling the matter out of court and then securing a divorce by mutual consent is advised.

Mayank Burmee

8130905854

Gautam Kapoor (IT professional Studying Law) 30 May 2014

since you have mentioned joint ownership (liability)she will ask for 50% of the present property value with a premise that if the flat were to be sold today how much a party will stand to get.Whoever paid the EMI's will not help.In your specific situation better to go for MC where the equation should be 50% - share of the remaining EMI's.Advised to make this a one time settlement rather than monthly.