What if husband and wife are not living together?

Divorce by mutual consent can be obtained by Husband and Wife in terms of Section 13 B of the Hindu Marriage Act, 1955. “Living Separately” has been now defined by the Supreme Court as “not living as husband and wife and not performing marital obligations”, even if the husband and wife are living under the same roof.

What happens if you are married and your spouse dies?

California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).

Can husband wife stay separately without divorce?

You can stay separately without divorce although your husband can file a case under section 9 of the hindu marriage act for restitution of conjugal rights. Also in cases of less than one year of marriage for divorce due permission of the court is required. Yes u can file a divorce against him.

How many years should a couple be apart for divorce?

Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.

What to do if your husband dies and Your Name is not on the title?

If a husband dies and his surviving spouse’s name is not on the title, the spouse may still retain ownership if the husband conferred title to the spouse in his will. If there is no will, or if a will left the home to someone else, the surviving spouse can petition probate court for ownership.

What happens if you are married and the House is not in Your Name?

If you are married and your name is not on the title deed, you may have relinquished your ownership right. It depends on when your spouse acquired the property and where you live. In California,…

What happens to the property if the husband dies?

For example, if the husband dies, ownership will be determined by his last will and testament or by state law. Even if the husband left his half of the property to his wife in his will, the will generally has to be probated for his widow to immediately obtain good and marketable title to the property.

What happens if only one spouse owns the House?

If it is intended that only one spouse owns the home, the other spouse would have to relinquish rights with a quit claim deed and Preliminary Change of Ownership form. A borrower who is neither on title or obligated on the loan does not have the right to sell or refinance the property. Real estate owned prior to marriage remains separate property.