Bhavana (HOUSEWIFE) 20 March 2013

Property share in case of divorce

I am married since 7 years with a four year old daughter. I was in UK for past 7 years. I relocated to India with my husband in Dec 2012 in Pune in a property where me and my husband is joint owner(My name as second). I relocated with mutual consent....proof being...he got the house work done and he did our ticket from UK to India.

My husband went back to UK and now he is saying that he doesn’t want to live with me and will not support financially and will not come back. I left my job in UK before coming here and now without job.

I have contributed to this Pune property when I was earning in UK and in household expenditures as well. In UK my husband was earning 3-4 times more than me. I took a low profile job to look after daughter and home. Plus for 3 years I took career break to bring up my daughter after birth. So will this also be counted as contribution?

I am presently in that property at Pune and getting an IT job in Bangalore. I need job to sustain my daughter’s studies and our expenses. Aditionally I can’t stay alsone in Pune with a small daughter all alone with any relations. In Bangalore my parents are there. They can look after my daughter while I am working. Can I relocate to Bangalore but still own my and my daughter’s share in this property at Pune. What will be that share? What else share I am eligible for in my husband’s rest of property? What action can I take for my husband?

Will my husband will also get a share of savings from my earnings?

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4 Replies

stanley (Freedom) 20 March 2013

As long as the property is in joint names he cannot sell the property . One can buy the others share in proportion to the contributions made for the property or else youll can sell the same and in proportion to your contributions distribute your shares as per the market value in their respective ratios .

As you are getting a job take it up and be self sufficient . As for your daughters maintanence it is co- extensive and the two of you would have to contribute towards her up- bringing .write to him and intimate the same to him to send you support towards the child's maintanence . you can relocate to banglore .your husband want get any share of your savings and earnings :-)

Else if he is unable to accept your request you can cantact a lawyer and claim maintanence for the child using CRPC 125 .and the court would pass orders for maintanence for the child .Litigation is dirty but thats the only way dancing in and around courts to get the same :-).