Seperation and property claim from Husband
2 years ago
I want to seperate from my Husband because we are incompatible to each other. and some years back my papa in law sexually assaulted me and scared me and my husband also used to be physically and mentally abusive. and now also he is verbally abusive all the time, my three children 21,19,19 are with me. My husband mother has a wealth of about 3 corore. i want to know if i do seperate from my husband with my children ,will i get 50 percent of wealth and what hurdles can i face?
A.Hello Ma'am
If you want get seperate from your husband then you have all righta to file a divorce case in the court. Also you could cliam maintenance if you are not working. But you cannot claim his mother's property. Although your children could claim share in that property of your mother in law and your husband.
Thanks
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If you want get seperate from your husband then you have all righta to file a divorce case in the court. Also you could cliam maintenance if you are not working. But you cannot claim his mother's property. Although your children could claim share in that property of your mother in law and your husband.
Thanks
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Ma'am
If you want a divorce, you could file a divorce petition in the court and also claim maintenance from your husband in case you are not working. All your children are above 18 so there would be no issue about the custody of children. Although you could claim share from the land of your husband not your mother in law's property.
Thanks.
Please rate if you find this advice helpful.
If you want a divorce, you could file a divorce petition in the court and also claim maintenance from your husband in case you are not working. All your children are above 18 so there would be no issue about the custody of children. Although you could claim share from the land of your husband not your mother in law's property.
Thanks.
Please rate if you find this advice helpful.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If you separate from your husband through Divorce then you as well as your children will be entitled to claim maintenance from your husband but after divorce as well as after your husband's death without making and publishing any Will,you no longer will be entitled to claim any share in your husband's properties( be it self acquired and/or obtained from his parents) but your children will inherit the same.
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