My husband and I have been married for 6 years, both working professionals. We’ve decided to separate amicably and want to file for a mutual consent divorce. We have a child, and I’m happy for my husband to have custody. We’re currently living together, and I’ve been paying the home loan on our joint property. My husband can’t afford the EMI on his own. I’m considering transferring the loan to his name, but what rights can I demand in return? Can I ensure regular access to my child? What about my share of the property or jewellery?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband and I have been married for 6 years, both working professionals. We’ve decided to separate amicably and want to file for a mutual consent divorce. We have a child, and I’m happy for my husband to have custody. We’re currently living together, and I’ve been paying the home loan on our joint property. My husband can’t afford the EMI on his own.

I’m considering transferring the loan to his name, but what rights can I demand in return? Can I ensure regular access to my child? What about my share of the property or jewellery?

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Apni Law Staff asked 2 years ago

My husband and I have been married for 6 years, both working professionals. We’ve decided to separate amicably and want to file for a mutual consent divorce. We have a child, and I’m happy for my husband to have custody. We’re currently living together, and I’ve been paying the home loan on our joint property. My husband can’t afford the EMI on his own.

I’m considering transferring the loan to his name, but what rights can I demand in return? Can I ensure regular access to my child? What about my share of the property or jewellery?

1 Answers
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Best Answer

Apni Law Staff answered 2 years ago

In a mutual consent divorce with a child, you can demand regular access to your child through a custody order. You can also negotiate your share of the joint property and jewellery, including compensation for your loan payments, as part of the divorce settlement. Consult a lawyer to understand specific legal options based on your situation and ensure your rights are protected.

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Previous Article I’m going through a tough time in my marriage. We’ve been together since July 2011 and have a one-year-old son. My wife and I constantly argue, and she doesn’t get along with my family. I’m thinking of filing for a mutual divorce, but I’m worried about alimony. My income is around Rs. 4,500 per month. Can I file for divorce after 3 years of marriage? How much alimony would I need to pay? Any advice would be greatly appreciated.
Next Article My wife and I got married in May 2013. Despite living together for a few months, she often went back to her parents’ place for extended periods, even when we were newly married. She showed disrespect towards me and my family, even in front of guests. Unfortunately, she wasn’t interested in taking care of the household. In October 2013, she became pregnant, and after confirming the pregnancy through an ultrasound, she moved back to her parents’ home in February 2014. Despite our efforts to bring her back, we eventually had to file for divorce in May 2014. She gave birth to a baby girl in August 2014, which we found out through a maintenance case filed by her family. I had been taking care of her during the pregnancy, but they never informed me about her medical treatment or the birth of the child. What are my options now?

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