• Whether to purchase an apartment

Hi, 
I plan to divorce my husband. But Iam not sure when I will get the required evidence to prove the grounds for divorce. However, Iam planning to buy an apartment along with my husband, as its been my long term wish to live in an own house. I have a 4yr old son too. We both are working and earn almost equal salary.

I just want to know, what all challenges I might be facing with respect to the apartment, during/after the divorce happens.

And any precautions to be taken before purchasing the apartment.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Be a Co-owner so that you may seek your Share in the apartment at the time of separation.

At any time you two proceed for divorce, being a equal stakeholder in this flat, you may demand your Share in this flat or the equivalent monetary compensation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. The property of either spouse is never entangled in the divorce proceeding.

2. So if you buy this property in your sole name then your marital status of matrimonial dispute would do no harm to this property.

3. However if you buy this property in your joint names then after the divorce either of you will have buy another's share to live therein or to sell the property to divide sale proceed equally.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The apartment shall be in co-ownership and shall be owned by both also of your husband agrees on mutual divorce terms than you his share as alimony.

Otherwise the right of co-ownership stands and you shall be equal owners. Also as wife you can claim a right of residence in house you are living g in lieu of maintenance for you and child.

In connection to divorce the sale deed and share certificate should be both name if purchasing jointly.

In connection to property kindly check building plans are approved by municipal corporation .

Occupancy certificate/ completion certificate

Possession certificate

Title of property

Property taxes if any

Common sharing area mentioned under deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Try to buy the house on your name but put his name in the clause of repayment of loan.

Need to know certain things before providing exact advice.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Once you divorce you will not have any right in apartment owned solely by him. If you are joint owner than you have the right. At the most you can get residence right in that apartment. Later you can claim that apartment in your ailmony.

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

1) if you are planning to divorce your husband buy an apartment in your name only

2) pay the loan EMI from your account only

3) under no circumstances purchase apartment in joint names

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

If you buy it jointly with your husband then both of you will be the owners to the extent of 50% each. If, however, the flat is registered only in your name then you will be the absolute owner thereof, in which event he shall have no right in the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi

Please register property in both of you and you need to pay part of the loan instalment.

If possible you need to get a relinquishment deed from him.

Earlier use to take POA but now law is not accepting to sale of property.

Feel free to reach us.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Dear Madam,

It is fine to purchase the house in your own name to avoid future complications. The other benefits as extended by government to women are as follows:

Benefits pertaining to tax

Tax is one of the main issues that clamour the minds of home buyers. If the wife is a

taxpayer, she can enjoy additional deduction of up to 1.5 lakhs of rupees every year towards the payment of home loan. When both the husband and wife are working, then both can claim the tax benefits individually. The amount of tax benefit is proportionate to the share of ownership both of them enjoy.

Tax slabs for woman exempt larger amount of income when the earner is a female.

Stamp Duty burden becomes less

UP, Delhi, Rajasthan are some of the states that have extended relaxation in stamp duty

amount to female property buyers. While the male buyer is liable to pay 6%, and the couple 5%, the female buyers are given the opportunity to pay stamp duty at 4%. Thus, buying property in the wife’s name does help you save on the stamp duty amount. Jharkhand is the latest to announce unprecedented benefit to female buyers; here, it is proposed that she will be liable to pay only Re.1 as stamp duty.

Home loan at cheaper rate

Home buyers are always on a look out for ways to reduce expenditure on loans. Home buying is seen as a pretext to save tax and helps build wealth, in addition to having a place to call your own. Our taxation system is designed in a manner to promote investments in realty and infrastructure. In addition to encourage more moves from female property buyers, they are offered home loans at cheaper rates than males. A female buyer can get home loan at rate 0.05% cheaper than the male buyers. Experts report that a female buyer can get up to 30 lakhs of loan from State Bank of India at 8.50% as against a male who is sanctioned loan at 8.55% interest rate. The difference may look very small in terms of percentage, but makes a great impact on expenses if the loan availed is of a very large amount.

These are a few of the monetary benefits that a person can enjoy by buying the property in

your name. If these fail to encourage you to take a call, then the facts that you can win her in style by booking property in her name may prompt you to do so. The idea of being labeled as promoter of women empowering soul and the one who loves and cares for the wife deeply is also exciting to go for the property in the name of the wife.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

You will not face any problem at the time of divorce, because of the said purchase.

if you are financially contributing in the purchase of the flat then make sure that your name is there as the co-owner of the flat and also make a clause in the deed that you have paid certain amount of money for the purchase of the flat.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can ensure that the apartment is in joint names for one. With regard to your other query regarding the challenges likely to be faced, that cannot be commented upon in detail as though you have mentioned that the both of you are earning equal salary, the ratio of contribution towards the house has not been mentioned.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You have not mentioned that what is the reason that you wanted to dissolve your marriage by a divorce?

Well if that is on the grounds of mental cruelty, you dont require to produce any documentary evidences for that, you can proceed on the basis of the narration of the incidences in a convincing manner because it cannot be possible to gather evidence for all the incidences that have occurred within four walls. If you have planned for divorce then you drop the idea of purchasing the apartment in a joint name, you can buy it individually on your name alone so that you can avoid legal issues on sharing of property at the time of divorce decree.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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