Yes, this arrangement is good to go and you will not face any legal impediment to follow this arrangement.

Q. anyone wish to leave the property due to another marriage or professional relocation should sell the property to other at actual amount of investment with bank interest rather than market value ?

Ans. Yes, this arrangement too works fine. Just make sure a stipulation as to this effect is introduced in the settlement deed in terms of which divorce by mutual consent is granted to you both.

Hello,

First thing you will have to show to the court that you are not living as husband and wife since last 1 year.

Also legally the proposition as made by you is not possible legally though you may go ahead and make such agreement and get the decree of divorce.

But to enforce such decree at a later stage will become difficult if anyone of you refuses to abide by the terms of the settlement deed.

Regards

1.Well,since both of you remain as its joint owner so there is no need to bother much about the house for the purpose of divorce.

2.So if both of you agree in mutual terms and conditions then proceed to finalise the divorce on mutual consent and after the decree if divorce when you get a good purchaser to sell your proeprty you can proceed to sell the same and divide the sale proceeds equally

Consent terms signed between parties would be binding

2) you can agree that both shall stay in same house after divorce

3) in the event of relocation by any of the parties it can be agreed that it would be sold to ex spouse at investment value plus interest

if you wish to file divorce petition under mutual consent, you have to show that you are living separate for the last more than one year,first.

you have an apartment which is bought from joint income and both of you are paying EMI towards it. you have some issues with property like construction deviation, missing occupancy certificate etc. So sale of property would be difficult and both of you does not have enough money to purchase it from the other.

in this regard i have to say, get this issue resolved before filing divorce petition.i wish your relation remain friendly after divorce but after divorce circumstances change and legally it would be difficult to resolve .

Can we agree upon divorce that we would like to continue as 2 separate individuals in the jointly owned house ?

No

Anyone wish to leave the property due to another marriage or professional relocation should sell the property to other at actual amount of investment with bank interest rather than market value ?

Do it before filing the petition .

Try to sell the property to prospective buyer and share the proceeds equally.

1. Getting the decree of divorce and settlement of property are two legally different matters.

2. You can put the above condition in your MCD petition and get the decree of divorce first.

3. While filing the MCD petition, you shall have to show that both of you are staying separately for one year or more.

4. If you put the said condition in the MCD petition about the property and after getting the divorce decree one refuses to abide by the said agreement/condition, then it will have no effect on the divorce decree and a separate case shall have to be filed before the Court to settle the matter.

Hi

Yes ofcourse you can go ahead as you described in question.

This would be the best way, file for mutual consent divorce under these conditions and get them mentioned in the statements.

This would be happy ending to the married life of you both.

Wish you both a very good luck.

Thank You

Respected mam..

It is financial problem it no where relates with the divorce case but yes if you both want to live in the same house after divorce you can easily live court will direct you both as what you want or need ..The thing is to be considered that what your husband want...

Mam if you both decide this plz make it in your statements which will be recorded by the court as you will not get any problems in regarding of leaving together...

Thanku

Hi

1) Yes. you can agree upon divorce with the terms that any one wish to leave the property due to another marriage or professional relocation should first offer to sell the property to the other on terms such as payment of actual amount of investment with bank interest . Such contracts are generally called "First Rights of Refusal" and is valid in eyes of law.

2) The agreement between you and your husband on house property with the first right of refusal etc can be incorporated as a separate agreement in itself (as both of you are joint owners)

3)Please note that joint ownership of the house is generally construed as Joint tenants wherein the succession to the property is on the basis of "either or survivor".

4) So you need to ensure that your agreement on ownership of house subsequent to your mutual consent divorce divorce clearly spells out

a) the share of each owner,

b) their individual rights, title, ownership, interests,

c) the rights of each owner to sell/gift/will the respective share of the property to the persons of their choice

5) We based on our experience in similar instances suggest that such agreement should NOT be part of divorce proceedings given that Judges will construe such agreements as possibility of mutual reconciliation and instead prolong the divorce proceedings

( In couple of cases of my client(s) at different courts, the judge(s) had stated that if the parties can agree and resolve related financial/property issues, it is envisaged that they can reconcile and resolve conjugal issues as well) on their own and hence dismissed/delayed the divorce petition.

6) Also you should be able to demonstrate to the court that both of you are separated

a) physical separation of 1 year as mandated by law and if physical separation cannot be established because of various factors,

Alternatively

b) Both of you need to demonstrate to the court that both of you are constructively separated (living in different rooms, withdrawn from the society of each other's family member's and society etc)

7) You can continue as 2 separate individuals in the jointly owned house, post the award of divorce decree.

Hope this information is useful.

1. In case of MCD you do not have to prove it, your statement with regards to the same will be sufficient.

2. In that case husband is not bound.

3. File it on the ground of cruelity.

4. Yes this can be raised as ground for filing divorce.

5. If you want to live with him then there is a point of having seasion otherwise not, any ways after the first motion court will send the case to mediation.

Regards

Your divorce petition can contain averments that you are staying separately for period of one year . Mention that although staying in sane house bit not as husband and wife

2) if wife is working husband not liable to meet your personal expenses

3) household expenses can be split between parties in proportion to the income

4) you can file for divorce on grounds of mental cruelty

5) you can take the plea that because you are unable to bear kids you are subject to verbal abuses by your husband

6) when you file for divorce case is referred to counsellor to help in reconciliation between parties

1- mam you can make audio or video recording of inside the house that will help you to prove separation..Mam you can make video of living in seprate rooms throughout the time it will help you alot..

2-yes your husband is liable to pay you even if you are working ...It is his duty to maintain his legally wedded wife..No matter who much you earn but it will affect the amount of mainatnce

3-mam than you have to petition with adding salt in it such as living separately, cruelty,and some how you can mention physical problem if he show attitude at any point.

4-yes you can make that point and that will be considered..

5-mam you can ask for it as it is your right..

Thanku

Hi

1. Living in the same house could not prove desertion. But in MCD you don't really need any such grounds.

2. Yes the household work done by a woman is also recommend as the job of a woman(Job here is the work for which you get paid).

But you are also a earning lady so you are eligible to fulfil your needs like a dress or a maid.

3. If he denies MCD then you will have to file a contested divorce case under section 13(1) HMA. Take medical (unexplained infertility) as ground. Let me be clear a contested divorce case may take around 5 yrs.

4. Yes you will be given a chance of mediation by the court itself. That is also a counseling.

As per your description of the situations my wishes are with you and I hope your husband agrees for MCD. Feel free to contact for more detailed help.

Hope I am helpful to you

Thank You

Hi, you can proceed with mutual divorce and stay in the same flat .. It will not affect your divorce decree neither it will create any legal complications in future ..

Hi,

I think there is some thing left in both of you due to not having kids.

As you appreciated that your hasband do not have any bad habits and both of you are sharing same apartment till date as a happy couple for the world. Living in the same apartment and fighting for the divorce will be difficult and as you are earning more than your hasband you need not to pinch him or show your complex.

As a family you need to understand the issue of human nature which you are failing to.

Men sometimes have not to disclose all their feelings but you need to work on the issue and try to melt the ice as you are the driving force of your family.

Suggest you to try to cooperate each other with your motional bindings between you and live your life happily and peacefully.

Good Luck.

1. If you and your wife say so, on an affidavit, this would be sufficient proof of the fact that your were living separately. In any case, you will deemed to be living separately, if you were so living, despite being under the same rof.

2. Husband is liable to do all what you have described. He is expected to discharged all the marital obligations which a husband owes to his wife.

3. If he backs out from mutual consent divorce, you will have to contest a divorce against him.

Yes, both of your should go for counselling. Your genuine efforts to save this marriage might really help.

1. The law stipulates that you shall have to stay separately for at least one year before filing the MCD petition. You shall have to show that you had left your husband (or he had left you) one year back and shall have to give address proof of the place where you are living since last one year. The Court shall not verify whether you are really staying separately or not which you both affirm under affidavit that you two are living separately at different addresses for the last more than 1 year. Court will see the address proof only of different places only where both the parties have claimed to be staying.

2. It appears that both of you married for your convenience only and not by liking each other and finally your marriage did not gel well. No Act states whether wife should or should not bear the house hold expenses or whether husband should or should not share daily house hold chores. The decision comes automatically which is absent in your case. It is a fit case where decree of divorce can be sought by both the parties.

3. In fact, you have no legal ground for seeking the decree of divorce. The fact is that both of you did not marry by liking each other but for convenience only. You married her since it was difficult for you to get a groom due to your unmatchable horoscope and he married you to enjoy your earnings. It will be prudent on your part to file a MCD application which will be decided within 6 & 1/2 months from the date of its filing.

4. 'Unexplained infertility' for two healthy persons might be due to the mental adversity you possess against each other and infertility can not be a ground for seeking divorce.

Since you both are willing to undergo the process of mutual consent divorce, it would be better that you draft a MOU on the conditions that are mutually agreed between you both and reduce them in writing.

There is nothing wrong in getting your ideas reduced to writing as a condition for the proposed MCD.

You can talk to him about this and prepare a MOU, get it witnessed by two independent witnesses after you both signing it.

Besides this issue, you can add other conditions also which you may be planning to include in it.

1. Mere assertions in writing that you both are living separately shall be sufficient enough to prove that you both are living separately.

There is nothing wrong in you both live separately from each other even though you both live under the same roof.

2. Legally speaking the husband has to maintain his wife and the household expenses.

Being the head of the family and also earning sufficiently, it becomes his legally bound duty to maintain the household expenses and also to feed his wife and children, provide them accommodation and cloth etc.

He cannot escape the liability.

3. You can move a petition on the grounds of mental cruelty, non-cohabitation for a period o f two years or more and incompatibility as grounds seeking divorce if the mutual consent divorce is not possible.

4. The infertility may be due to impotency, but that cannot be mentioned as ground for divorce since it is not confirmed that who is defective.

5. In divorce case, the parties to the dispute will be sent for mediation or counselling as a part of the process of divorce.