Parents Divorce: House in dad's name, mom's share? Parents Divorce: House in dad's name, mom's share?

1 year ago

Hi, My mom is about to ask for divorce. We have a house that both parents together paid loan for, but the registration has only dad's name on the deed.
Would it be legally possible to get 50% share of the house in court?

Anik

Responded 1 year ago

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A.Dear Client
Yes you can, your mother is legally wedded wife, your mother can claim her share of the property at the time of divorce. Moreover alimony in the form of property can also be asked by your mother.
Hope it helps.
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Subhashis Paul

Responded 1 year ago

A.That since the property has been registered in your father's name only so he has the exclusive right to decide whether he will give your mother 50% or not but if she approaches your father for mutual consent divorce and claims for 50% share of the said property as full and final settlement thereby if your father accepts such claim of your mother's then only she will get such share of 50% in respect of that property otherwise not. Since when the registration was done, your mother had obviously given the consent and she have paid the share of loan on her own will only. So its better for your mother to approach your father for mutual consent divorce.
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Vidhi Samaadhaan Vidhi Samaadhaan

Mrighankhi Chakraborty

Responded 1 year ago

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A.Hello Client,

Yes, since your mother is legally wedded wife, your mother can claim her share of the property at the time of divorce. Your mother can ask for her share of the property as alimony.

Thanks & Regards
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Advocate Simi Paul

Responded 1 year ago

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A.Hi client,
If the deed is in your dad's name and has no clause mentioned ,or no will made. Currently, he is the sole owner. After him you and your mother has a right over it.
In case of filing the divorce, your mother can ask for maintenance/alimony, not only this apartment your mother will have right over all his property /belongings/ bank balance etc.

Thanks and Regards
Simi Paul
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