General Question

jasminkaur's avatar

Possession of Property?

Asked by jasminkaur (1points) July 5th, 2017

Wife wants to possess her rightful share in a joint property from non-cooperating husband. Can she legally acquire her share even if the husband (joint owner) is not willing to consent the division. If so, what is the procedure ? And approx. what is the time period required for this to happen, if the documents are right and perfect ?

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9 Answers

Tropical_Willie's avatar

Divorce with split of common property. 90 days to a year ? ?

janbb's avatar

You will need a lawyer.

rojo's avatar

@Tropical_Willie Sometimes longer depending upon the spite and vindictiveness of the parties and the skill and abilities of their respective lawyers. I have a cousin in Australia who spent almost four years before an equitable split of assets was accomplished Fortunately, her husband was paying child support, most of the time without the court having to threaten jail and/or garnishment of wages but not always. This part is still a continuing battle.

Jeruba's avatar

In what country? If in the U.S., what state?

CWOTUS's avatar

Welcome to Fluther.

I hope that you understand that no one here can give you a definitive answer to your rather vague question. Even if we were practicing attorneys, as @Jeruba has pointed out there is far too little information regarding:
– jurisdiction
– “actual” marital status
– your own standing and interest in this issue
– the property in question

If you’re talking about “real” property in a community property state in the USA, for example (and if you are “the wife” in question), then congratulations! You probably already do have “your share”. But again, if it’s real property, such as the house that you live in, for example, you can’t very well cash in on that unless you sell it. (And if you sell it, then you’ll probably be required to move out.)

On the other hand…

If you live in a part of the world that does not respect the rights of women to own property as equal partners to married spouses, then even though “the law says” various nicely-worded things about how things “should” work, then you may have no recourse at all.

marinelife's avatar

It may also depend on whether your husband owned the property before your marriage, or it was acquired after your marriage. There are too many permutations for us to give good advice. Consult a lawyer as @janbb said is best.

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