My husband was married earlier and during that time purchased a house in joint name with his then wife. She was a house-wife, so the EMI was paid by my husband and the EMI still continues. We are unable to sell that house as it is in joint name.
Presently, we need to buy a new house. But my husband doesnt trust me, even after 6 years of marriage. He feels that after buying a house, I too may divorce him. My husband doesnt have much money, as he gives away all his money to others. So, I too have to contribute. But still he is unwilling to buy a house. So I suggested that after finalising on the house, we will enter into an agreement specifying the amount of investment made by each and in case of divorce at a later stage, we may agree on each's share. However he says that in case of divorce if I say in front of the Judge that he has made me sign the agreement by force, the said agreement will be void.
So, kindly guide me :
1. Whether the said agreement will be valid or not, in case of divorce. If not, what is the other option.
2. If we want to sell the earlier house which is in the joint name with his ex-wife, what is the recourse.
Asked 10 years ago in Family Law
Religion: Hindu
The reason I cant trust my husband is that, he cannot save money. He had saved some 10-12 lacs so that we can use the same for down payment. But, without informing me, he gave it all to his aunt (who is around 7 years younger to him) to build 2 houses for her. As you are aware, in today's market, a 2BHK costs not less than Rs.1 crore in a city like Bangalore; Mumbai is much more costlier. So, we need atleast 30-40 lacs cash for down payment. We were both going to contribute. But see what he has done. What can I do ? Now, I will have to make arrangement for nearly 30 lacs cash for down payment and my husband has severe psychic problem because of his wrong upbringing. His father has been hitting him since childhood till he went to college. Thats why his behaviour is absolutely abnormal. I dont know how he will behave in future. When I questioned why he gave all this money to his aunt, he started abusing me, threatening to kill me and started hitting me. I had to run to my neighbour with my 3 yr old child to save my life. Even his mother was not aware that he has paid to her sister to build these houses, in native place. She too is in shock.
And Sir, I dont earn to the extent that I can buy a house for my husband.
Asked 10 years ago
Sir, my first question is still not answered. Can we enter into an agreement after buying the house specifying our share in case of future divorce.
Also, his first wife is not willing to sell the flat which is in joint name with her. In such a case, what is the recourse, can we sell the house and deposit 50% in the Court ?
Asked 10 years ago
