Your husband can execute registered gift deed of house in your favour
Can I claim my husband's share from matrimonial house as my dowry?
I am divorcing my husband, My husband owes me a dowry, the value of my dowry is greater than the half of the matrimonial but I am happy to get that instead of my dowry and finalized the divorce. My question is that, can he transfer the house into my name ? Is that correct that the English court treat a dowry as a marital asset? Thanks MK
Asked 3 years ago in Family Law
Religion: Muslim
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8 Answers
Thanks for the answer. There is a mortgage from a bank on the house, we have paid 80% of the mortgage off by now , could the mortgage provider stop him?
Asked 3 years ago
Your husband needs bank consent to execute gift deed
unless loan is repaid bank would not grant its consent
I cannot really advice you regarding English courts as all lawyers on this portal are practicing lawyers in India only
You can get property, just you need to go for Quitclaim deed. No need to stop mortgage process.
You can only claim the same as maintenance and residence rights but can't claim it as matter of right
If the court has passed an order directing him to the house to your name, he cannot disobey the court order.
Provided you have made a claim for the same.
You have stated that the divorce has been finalized, but what are the terms that was agreed by both, if that includes the financial matters as you have mentioned and if you are satisfied with the settlement, then you can proceed.
If the house property ios on mortgage, until and unless the entire mortgage loan amount is discharged, the mortgagee may not permit the transfer of property because once the property has been mortgaged with the bank for the purpose of loan, then the bank becomes the owner of the property till such time the entire amount has been repaid without any dues to the bank..
Dear Client,
- The amount of loan is based on several factors: borrower’s age, value of the property, current interest rates and the specific plan chosen. Generally speaking, the higher the age, higher the value of the home, the more money is available.
- The valuation of the residential property is done at periodic intervals and it shall be clearly specified to the borrowers upfront. The banks shall have the option to revise the periodic / lump sum amount at such frequency or intervals based on revaluation of property.
When you take out a home loan, depending on the type of mortgage, you generally finance 80% of the home price. But the total cost of a mortgage isn't just the actual price tag on a home, it includes the interest you pay on the loan itself.
Thank You.
