• Buying a new house

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 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1)if your husband wants to sell earlier house which is in joint names he would have to pay his first wife 50%of sale proceeds . 

2) you must have heard the maxim once bitten twice shy . hence your husband does not want to buy another property in joint names . 

3) legally flat can be purchased in joint names . both should contribute equally to payment of EMI . 

4) if your husband is apprehensive in buying flat in joint names then remedy would be to buy in his name only . he can make you a nominee of flat . also make will in your name for flat
Ajay Sethi
Advocate, Mumbai
27344 Answers
1486 Consultations
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Hi. marriage is a trust and confidence you have to trust your husband and same way husband also otherwise you could not solve your problem.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
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the problem with you as well why you donot trust your husband & buy house in his name
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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Hi, you can't enter agreement like that it will become contingent contract, when property was registered in both husband and wife name both have equal share and in case if any one of the partner willing to go for divorce by mutual consent then one has to release their right. And as per first wife is concerned it is better to approach court or first issue legal notice for your willingness to sell the property or else offer her to purchase the same.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
4.3 on 5.0
1) if his wife is not willing to sell flat husband can file suit for partition . . in the alternative buy her share in the flat . 

2) it is not necessary for you to enter into agreement . when flat is bought in joint names both are co owners of flat . each would have 50%share in said flat
Ajay Sethi
Advocate, Mumbai
27344 Answers
1486 Consultations
5.0 on 5.0
if your husband cannot save any money it is better you buy a  flat in your individual name only . instead of going in for 2 bedroom flat buy a one bedroom flat . 

you can ask your mother in law to talk to her sister to return Rs 10 lakhs given by your husband since you need funds for buying flat
Ajay Sethi
Advocate, Mumbai
27344 Answers
1486 Consultations
5.0 on 5.0

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