I am a male age 45, am poised at applying for a Mutual consent divorce after 21 years of mariage. things are settled more or less as far as alimony is concerned and my wife and her parents are principly ready for divorce. issue needless to say is Money..
she needs a house to be registered in her name while me and my parents want to do a 50% sale deed in her name and 50% in name of our minor son (15 yo). my wifes side is somehow not okay with this and insist on 100% being registred in her name..
my question is : is there a legal way in which this orad block can be sorted out..?
one of the ways suggested was that we do registry of 100% in wife s name, and take an undertaking that she can use the propoerty to stay in it but cannot sell it to a third party and the propoerty (house) has to divulge to our son ONLY..? does this sort of undertaking have a legal cognizance..?if yes let me know how to proceed. If no, is there an alternative way out..?
Asked 12 months ago in Family Law from New Delhi, Delhi
i forgot to mention thatI in all my clear intention want to give free and unfettered right to use the house to my wife.. i have assured her I will shift out with my mother n kids. but all I want is a 50% title to be done in name of my son or daughter along with 50% in her own name... to which either my wife or her brtother/ parents do not agree. and are insisting to transfer the entire title of the house in her name. I cant understand why such a fair proposal is also not acceptable.. actually, I dont want that she should tomorrow sell the house. I am absolutely fine that she lives there till she survives but cant sell n give proceeds to her brother n parents. thats it. request clarity and solution.
Asked 12 months ago
1)dont agree to 10 per cent flat being registered in her name
2) she would sell the house and your son would not receive any money
3) even if wife gives an undertaking if she sells the house you will have to run around courts and file petition for contempt of court .
4) if wife is 100 per cent owner she can bequeath the house to any one she pleases
you should inform your wife that if your proposal is not acceptable you dont want a divorce
2) stay separate and retain ownership of house in your name only
3) you have to safeguard your children future
The transfer of title to her can have attendant fetters on her right to sell the property, but this can be done only if there is an agreement between you and your spouse.