• What am I entitled to?

My husband of 24 years asked me to separate.
He wants this immediately 
We have a house under both names.
Our children are 22 and 16
I am not working and not fit to do so. 
He wants to remortgage the house and together with his pension buy another small property we’re I can live. I have initially agree to this as whoever stays in the big house will have to look after it, garden, dog etc.
I have been diagnosed with severe osteoarthritis and had 5 operations in last the last year.
Asked 9 days ago in Family Law from United Kingdom
Religion: Christian

You are entitled to 50 per cent share in the house as it is standing in joint names 

 

2) do not agree to re mortgage the house 

 

3) it is not necessary that your husband will honour his commitment and buy you smaller house 

 

4) you are entitled to maintenance for yourself and 16 year old kid depending upon his income , standard of living etc 

 

5) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

As wife have all the rights of wife and you can exercise so as the property is in both the names it cannot be mortgaged without your signature and in case you are facing any problem that your husband is not taking proper care of you then you need not to sign the mortgage papers and you can move your petition to the family court against your husband to support you financially and provide a maintenance and support for your medical requirement record will consider yours petition and order him to provide a fix some which is required for your medical requirement and maintenance payable monthly to you.

Any child below 18 year after age can also claim the maintenance and education allowance from the father Till the age of 18 years

Vimlesh Prasad Mishra
Advocate, LUCKNOW
4314 Answers
10 Consultations

4.9 on 5.0

1) You can go for Mutual Consent Divorce and sign MOU between you two. One can get lumpsum amount from husband as per your wish.

Ganesh Kadam
Advocate, Pune
5475 Answers
40 Consultations

4.9 on 5.0

When you both are going for separation then why u agree for mortgage. 

You can claim maintenance from your husband if he refused then you can file case of maintenance u/s 125crpc.

As per law female child is entitled to claim the maintenance till the female child marries, 

 

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

1. Wife is entitled to maintenance under PWDV Act which is around 25% of the income of your husband.

2. Wife has no share in the property of husband but she has right of residence in the property of  husband.

3. Since in the house you are joint owner, you have half share in the property and hence without your consent it can not be mortgaged by him.

4. So it is better if you sell it and divide the proceeds in half and use the money as per your choice.. 

Devajyoti Barman
Advocate, Kolkata
15387 Answers
211 Consultations

5.0 on 5.0

See you along with your minor child are entitled to maintenance from your husband and further since you are joint owner of the property you can seek 50 percent of the value of the house if you transfer same in his name. Or you both can sell same and can divide proceeds thereof.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

Firstly a husband cannot leave an ailing wife by way of divorce, secondly, he has to secure wife and children financially to walk out, even if they are adults, laws are there, file maintenance cases on him

Aveek Bose
Advocate, Kolkata
715 Answers
2 Consultations

4.7 on 5.0

1. If you do not wish to separate then let him file the petition for dissolution of marriage which you can contest. Getting a decree of divorce from court in contested proceedings is not a cakewalk as allegations are to be proved.

2. You are the co-owner of the house, hence you may refuse to mortgage it or create third party rights in any other manner. 

Ashish Davessar
Advocate, Jaipur
25198 Answers
706 Consultations

5.0 on 5.0

you can deny the same if you want. you can seek maintenance from him u/s 125 crpc if you want.

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

You can claim maintenance as per your lifestyle and expenses. 

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

You will get 1 crore plus a house


Thanks for the rating, i stated as per a judgement of the apex court, i showed you the reality, rest is your take

Aveek Bose
Advocate, Kolkata
715 Answers
2 Consultations

4.7 on 5.0

1) 25-30% of his net monthly income can pay you as monthly alimony to you and for settlement of house to withdraw your name from it he can buy a small house for you equivalent to 50% amount of the big house on your name.

Ganesh Kadam
Advocate, Pune
5475 Answers
40 Consultations

4.9 on 5.0

1. Did he ask for seperation or divorce? Have you agreed for his proposal to get divorced?

 

2. If it is seperation and not divorce then you should negotiate with him for your maintenance.

 

3. Since you are suffering from severe osteoarthritis, it may not be possible for you to do counter check what he is doing after your present house is mortgaged to avail a bank loan.

 

4. You can ask him to register a gift deed transferring his 50% share of the property in your name and then pay your maintenance from his earnings. He can stay seperately.

 

5. Thereafter you can sell the entire house and but a small house of your own.

Krishna Kishore Ganguly
Advocate, Kolkata
21205 Answers
536 Consultations

5.0 on 5.0

1. You should ask for a house in your own name and also an amount of money toeards your monthly expenditure to maintain yourself as per the life style of your husband.

 

2. Apart from the house to be bought in your name, you can ask for a minimum  amount of Rs.80 K to Rs. 1 lakh per month toewards your maintenance covering yout medical treatment.

Krishna Kishore Ganguly
Advocate, Kolkata
21205 Answers
536 Consultations

5.0 on 5.0

1)you are not entitled to 50 per cent of husband income / savings 

 

2) 25 %of husband net income should be paid to you as maintenance 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

You are entitled to maintenance not half of earnings the court decide the amount in same and savings.See you can calculate value of half of house and add some amount to it and can ask same as one time settlement.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

As per the various Judgements of apex court the court awards the maintenance as per the standard of living of wife during her subsistence of marriage with husband. The husband needs to provide her alimony in same standards what he was providing during cohabitation.

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

What do you want to clarify by this post?

If you agree with the proposal made by your husband, you can very well go ahead, but remember that the property now intended to be mortgaged is on the joint names.

You want to get separated from your husband, it is your decision, but dont do it under pressure

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

You make a guess of his income and also his likely expenses to maintain the children as well as that big house apart from his other liabilities and also assess your requirements as well as the expenses that may likely incur if you live alone.

Based on that you can claim maintenance from him and also gather some evidences for having been sent out of the house which will enable you to claim maintenance at ease. 

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

The property which is jointly un your name belong to you too and you should proceed accordingly. Don't give him the authority to buy rhe property from the sale proceeds of the big house as the house belongs to you too. An agreement would be good. Also calculate your monthly expenses and add some more for your medical bills etc and that would be your monthly maintenance allowance and this should also be put on paper.it should be notarized in case it has to be produced in the court.

Regards 

Rahul Mishra
Advocate, Lucknow
2410 Answers
9 Consultations

5.0 on 5.0

Dear Madam,

The following information may kindly be read.

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

 

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

 

 

  1. What is one-time alimony?
    A. Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.

 

 

HOW TO CALCULATE ALIMONY

 

Dear Madam,

 

My answers as follows.

 

1)what is the max alimony I can claim from him?

 

Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

 

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

 

2)can I ask for a property?

 

Ans: You have no right over property but its notional income may be added to the salary .

 

Netravathi Kalaskar
Advocate, Bangalore
1210 Answers
3 Consultations

5.0 on 5.0

To be able to answer the question precisely, i need to understand whether you are planning to seek Divorce in UK or in India? The reason for asking this is because laws of UK are different. Like in some cities in US, at the time of separation all assets have to be divided 50- 50. So it may help for you to consult a local Lawyer in UK to get a better clarity on the laws there. 

in India, for a Mutual Consent divorce, there are no fixed terms.  It depends on what the parties are able to reach a consensus on. 

From what you have mentioned, 50% of the house is your legal right. You can ask for more also.  Since you have your medical complications, it is advisable for you to only seek either a lumpsum alimony or a monthly sum to enable you to maintain yourself.  For that you need to calculate your monthly expenditures and, if seeking a lumpsum, multiply them by say 10 years or so depending on your expectations and your husband's income. 

Radhika Mehta
Advocate, Mumbai
405 Answers
2 Consultations

5.0 on 5.0

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