• Divorce process suggestions

I am a working women and having almost same sallary as f my husband. 
I have decided to go for divorce. I can convence my husband to go for mutual divorce aggrement but beside this we have a money conflict where in there is a property on my name on which i and my husband invested in past. Both of us have almost 50% contribution towards this property. My husband do not want to proceed with petitiion filing for mutual divorce until his money is not returned to him (we are trying to resale the property in between), so i would like to know the way around on 'how can i push this from my side' and 'is there any step which my husband can take with showing risk of his money contri is not returned to him by me'.
Asked 5 years ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu
What was the mode of payment by which your husband made this contribution, and in whose name was the cheque given. If that was by cheque given to the builder, then he surely has a right over the property and will have to be paid back. If the cheque was in your name, then he can only claim the amount from you and which you can dispute by saying that it was given to you as a gift. If cash, then there is no problem.

Keeping aforesaid in mind, if your husband does not agree to mutual consent, you may have to go for a contested divorce.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations

4.7 on 5.0

If he is not willing to go mutual divorce till the time his investment in the property is returned to him then there is no way around for you to maneuver this. There are only two options available to you-Either to wait till the time the property is sold and return to him his share therein, or file unilaterally for divorce on the ground/grounds applicable to your case.
Ashish Davessar
Advocate, Jaipur
24281 Answers
677 Consultations

5.0 on 5.0

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