- This topic has 18 replies, 13 voices, and was last updated 1 year, 5 months ago by
.
-
Posts
-
-
UMy wife and I are going through a rough patch, and my fears are mounting that it may culminate into divorce.
In 2022 (before marriage), my family had purchased a flat in a society with my dad as primary owner and myself as secondary. My dad paid for the flat partially from his savings while i took a loan for some amount. I got married in 2023.
Till now, in all paperwork, including agreement to sell, my father and I have been listed as owners 1&2 respectively for the flat, but the registry is yet to happen.
Is there any chance that instead of me, my mother can be listed as owner with my dad in the registry? Will that help safeguard the property from being attached in case of a divorce?
I don’t have a lot of things to my name except my stock investments and 1 car.
My wife’s relationship is cordial and respectful with my parents till now. The disagreements and turmoil are just between me and her. We all live as a joint family in my home which is owned by my parents. But if things actually go south then the cordial relationship will not matter i guess.
In the eventuality that we do end up getting divorced, I want to safeguard as many of my/my family’s assets as possible.
All advice welcome.
-
-
UWe’ve done individual therapy. She quit hers after 3 sessions. She doesn’t want to save the marriage. She told me she’s not attracted to me anymore because i don’t work hard enough to make money (where as i have been working for twice as long as her and make 2.5 times the per month take home than her)
And even if we did couples therapy, i still need this advice as a fail safe.
-
UGive your marriage a chance while trying to safeguard yourself. These issues are not so big as to not be resolved amicably through couple therapy.
-
-
UMan buy time as court will look for 3 year records
#
Or mortage the flat as a security get a loan convert to bitcoin and give XYZ reason to dissolve the loan and take the flat. Yes your credit history will reset.
#
See th law will push hard for wifes right to maintain the same lifestyle as husband and she can demand that
#
Although residence should not be given because marriage duration is low but judges are SIMP. THEY will give decisions what they want
#
So play your card well buy at least three years and do a gift deed to your mom ASAP -
UThese are huge huge red flags – not attracted to you and mocking you on your salary.
If possible, sell the property, even if it means loss or taxes. Never sold any property because it often involves handling cash, but cash could actually be good for you because that can be parked with your parents.
Other assets like jewelry need also to be safeguarded without arousing suspicion. Wife of a relative of mine was trying record conversations on phone and her husband. So you need to both try to save your marriage as well trying to save yourself and your assets. No that easy.
-
N“She doesn’t want to save the marriage. She told me she’s not attracted to me anymore because i don’t work hard enough to make money (where as i have been working for twice as long as her and make 2.5 times the per month take home than her)” she never liked you, people like your wife can fake a lot of emotional things.she just don’t want the hassle of divorce.individual therapy takes alot of inner work.maybe her therapist told some truth about her and she didn’t like it.when she understood she is wrong,she have to change for good,she left the therapy.no amount of money will be enough for her cause she doesn’t like you.look deeper into how she behaves,how she handles disagreement with you.she have sex cause you like it,she doesn’t enjoy it.she is just have sex for keeping you hostage.go to individual therapy.first work on yourself.you will see her real colour when you have to fight against her.your marrage is a timebomb waiting to blast.
-
-
-
-
-
UNAL
The same people suggesting you visit a lawyer will also suggest your wife do the same. That’s when things will change, and she might get influenced or brainwashed.I am going through a similar situation.
Stay on the right path. As a son, your priority should be to safeguard your assets and properties.
Before things turns ugly, quietly transfer everything to your parents without informing even your relatives. At the same time, work on repairing your relationship with your wife.
-
UThis is where i am trying to seek legal advice. The registry of this new flat is yet to be done. If i can facilitate the process in such a way that instead of me, my mom’s name gets listed as the owner in the registry, then i would surely pursue that path.
-
UYour property agent/dealer can easily help you with this,not a big deal. You would have to confirm with the bank also, as you must have taken the loan against the property. So better to communicate with them directly.
You dont have to mention them about your dispute. Just tell them that you want to keep it with your parents as the main owners.
-
-
-
UNot a lawyer, learnt below stuff from law related youtube channels:
If you’re a single child, transferring the ownership to your mother will not help in anyway because ultimately the property will come to you.
Now you will say they can write a will and exclude you. Yes you can but the courts may see it as an attempt to reduce your alimony.
More info: she can’t directly just claim your property as her own. You will continue to own your properties, only they will be used to assess your net worth to decide alimony/maintenance.
She can get you and your parents expelled from her matrimonial home if she files a domestic violence complaint.
Lastly, things that matter in deciding alimony include: your assets and liabilities, her assets and liabilities, your income, her income, the lifestyle you two were having during marriage.
-
UIf the registry is not done I guess you have four months time from the date of agreement till the registration here to get an agreement registered within four months you can enter into fresh deed provided the seller is willing to do so in the name of your mother however that is risky because it also depends on how did you pay the money if you have complete track of how you paid your money that is you might have paid by checks then it might be possible to get a fresh deed but if you are paid in cash then it becomes risky and I would suggest to get it registered as soon as possible
-
-
UMove out to a cheap apartment with the wife immediately that way she can not claim your parents house as matrimonial house. If she goes to get maintenance, you can pay the cheap apartment rent and safeguard your parents.
As for alimony calculation, generally courts do not consider ancestral properties unless they’re on your name. You being a co-owner, needs to transfer that ownership to your parents. It becomes their self acquired property and no one can touch it.
Alimony calculation is generally 20% of Husband’s net worth. If you’re a high earning individual (like abroad), I’ve seen them do 60% of 5 years salary for short divorces assuming no assets. But if you have super high net worth, the court has also calculated maintenance per month and multiplied by 40 years. This is a recent judgement where the husband had 5000 cr.
-
PWork on your marriage on priority. If she can be cordial with your parents, she seems to be a nice person. Take time out to spend with her and fix your marriage. Take help from a professional like counsellor, if needed. Looks like you are bringing in these negative thoughts and pushing her away. You change first and put all the effort to make things work. Later speak to her about her flaws and discuss on ways you can make things work. Living in a joint family could be stressful for her.
-
UImmediately register the property in your mother’s name to save the property and keep all the proofs that your father paid and you paid all the bank transactions or anything and just do it stealthily and tell your parents not to inform your wife anything about this.
Don’t listen to fools who say go to marriage counsellors, if it is not working your gut tells you it is not working and get ready to jump out.
-
