• Family home

If my ex wife stays in the house with the children can i do the below 
(1) use some of the equity out to purchase a new home for myself 
(2) the amount pulled out can it be pay back at the sale once the children reach 18 
(3) can this amount be fixed at the time and how 
(4) once deducted the remaining money gets split 50 / 50 as normal
Asked 3 years ago in Family Law
Religion: Other

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5 Answers

What do you mean by the term use some of the equity out to purchase new home 

 

2) if you are the  absolute owner of the house you can mortgage the property and use the mortgage amount received by you to purchase new property in your name 

 

3) however if your ex wife is joint owner of the house you need her consent to mortgage the property 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

1. Ex wife cannot claim it as a right to stay in your house.  She has to share the expenses if is requesting to stay in your house after divorce. 

2. You can do anything with your hard earned money.

3. You can consult your bankers in the local and proceed. 

4. Don't get confused unnecessarily 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

1. Yes , if the decree of divorce has already granted 

2. Yes

3. Yes

4. Depend upon the conditions of divorce. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You can decide mutually with her what the terms are legally there are no such guidelines as she is just a different individual now after divorce

Prashant Nayak
Advocate, Mumbai
34549 Answers
249 Consultations

Dear client,

Kindly specify your query as to which house you are talking about and who is the owner of that house.

Thank you

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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