I am earning female of 39 years married for almost 15 years with a son of 11 years. My husband is not earning continuously since almost past two years & his career has not been stable since past 14 years. He is unable to stick to any job(s) and must have worked hardly for 4-5 years in 15 yrs. of our Marriage.
We jointly own a flat in which I am primary owner & he is the co-owner. The said property is financed by housing finance company. One year EMI's are still pending for loan repayment.
I have paid 75% of EMI's and have been taking care of complete house expenses since past two years. Also, I have been primarily bearing all the expenses during most of our marriage as my husband earnings were intermittent and not continuous/regular.
He under suspicion that I am involved in extra marital affair and in adamant to get a divorce on grounds of adultery.
We are trying to proceed for divorce by mutual consent but are unable to agree on terms and conditions amicably. In case a deadlock arises where both parties are not willing to agree to each other terms then filing a contested divorce would probably be the only resolution. I have few queries regarding contested divorce, please advise the following:
1) Can my husband force me to vacate/sell the house as he is co-owner? He wants to sell the house and get his share from the said property. I have read somewhere that legally my husband can't force me to vacate the house even after divorce until our son finishes his 10th Class.
- Can I continue to stay at the same flat whereas I want him to move out. Is that possible, how?
- Can he continue to live at same place during our separation/divorce period/trials.
- In case selling the house seems the only option, how will the proceeds from the sale of flat be divided? I have read first any liabilities/loans will be cleared and then remaining amount will be distributed in proportion of the amounts invested so far. On the other hand I have also read that in cases where both husband and wife are earning and paying EMI's wife can claim up to 75% of the amount. (50% of her own share + 50% share from husband's property). How will it be done in this case as I have paid 75% of the EMI’s? Will it be 75% of my share plus additional 50% of his share?
2) What will be the criteria for custody of child in this case? He doesn't wish to keep custody of our only son but I want to. Assuming that I will retain custody of our Son, can my husband still claim maintenance from me on the grounds that he's unemployed but is mentally & physically fit to earn whereas I'm employed.
3) Can I claim maintenance/alimony from my husband towards Educational expenses, upbringing of our son, his future, marriage etc.; even though he's unemployed but is mentally & physically fit to earn. He's trying to forge some evidences to falsely accuse me of adultery, will this hold true even if those charges are proved to be true.
4) Can I claim maintenance/alimony from my husband towards my own expenses even though he's unemployed but is mentally & physically fit to earn. He's trying to forge some evidences to falsely accuse me of adultery, will this hold true even if those charges are proved to be true.
5) My husband took away the jewellery given to me at the time of marriage by my in-laws and sold it/mortgaged somewhere. Can I claim it back, how? After the death of my mother-in-law her jewellery was also taken away by my husband and given to my sister-in-law without my knowledge/permission/consent. I'm I entitled for the return of the same and how?
6) How I can insulate myself if he indulges in any form of back-mailing to me/my parents/relations and in character assassination by spreading/distributing incorrect information verbally, messages, emails, internet, social and printing media?