[Seemak]

My husbands 1st wife refuses to divorce him. She claimed maintenance and we are paying his half salary. My husband owns a house where she is staying. As she is always threatening us ,therefore we want her to give divorce so that we can legally marry. As she refuses therefore for security purpose I want to purchase the house from my husband my paying him a nominal amount and taking over the loan. We are living in India. Can I purchase the house so that I can start staying there and force her to come to a deal to divorce by taking the house, money and whatever she wants.

Please advise

[johnre9999]

One word, good luck. I'm no lawyer but I am dealing with a very similar circumstance. My ex wife will not purchase our joint home, she will not vacate it so I can sell it, and she won't agree to let me purchase it. In short, you both have little recourse other than to wait it out or to force the issue through the courts. If she is becoming default on loans or destroying the property, then you can file for sole possession of property and will probably get it. But once again, this will take months.

Now, if you are just wanting a divorce, you can actually apply for one without having her agreement. Posting in the paper that you are appearing before a judge to file for divorce is all that is technically required. Get legal advice on the specifics, but this is used for spouses who have 'disappeared' and could probably be used in a situation where one refuses to appear in court.