• Jointly owned property

Hi,

I have applied for a mutual consent divorce but now my spouse is not agreeing to current set of clauses. So it is going to become a contested divorce.

We have an apartment in hyderabad which is jointly owned by both. But i pay the entire emi and hence with every passing month, i am losing money. Is there a way to fight for a higher share in the property
Asked 1 year ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) if property is jointly owned both have 50%share in property .

2) merely because you are paying EMI does not entitled you to claim higher share 

3)to cut your losses sell off the flat with consent of your husband and divide sale proceeds equally . 

4) then file for divorce by mutual consent . MCD takes 6 months 

5) contested divorce takes 5 years
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Hello,

1) If you have applied for mutually consented divorce and if your partner is backing off or is not agreeable to terms the petition can get dismissed as mutual consent forms the basis of the petition. 

2) You will then have to move ahead with a separate petition for Divorce unilaterally.A contested divorce will take 3 to 4 years to be disposed of.

3) If the apartment is owned jointly you both are 50% owners and hence the shares are equal. As regards the loss you are incurring you can keep a record of the emis you are paying and when a final decision is arrived at these details will matter.

4) Alternately find a seller who will purchase the apartment with the loan pending and share the proceeds according to the monetary contribution of each. You need to have proofs to substantiate your contribution in purchasing the apartment so far.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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If your wife would not appear at the time of final hearing of your mutual consent divorce then you can file a divorce suit on contest.

In your joint property your wife has 1/2 share before divorce or after divorce, as because property was purchase in joint name, it is does not matter who has finance to purchase the property. Any type suit does not lie to get a higher share more than of your 1/2 share. Alternately you can stop the EMI then lending bank will auction your property and balance amount of sold property will be distributed equal to you and your wife.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
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1.Since in the ownership deed your wife is shown as a co-owner you can deprive her half shre therein.

2. However . you may default in making the payment and let the bank attach the property if that option suits you.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
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1. You can file a Declaratory Suit praying for declaration that you are the title holder of the apartment since you have paid all the consideration and direction upon the Registrar to cancel the earlier Registration and Register the apartment in your name,

2. This suit and also the contested divorce suit is a long drawn legal process,

3. Try to convince your wife for MCD for the interest of both of you.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. It is immaterial who is paying the EMI. Your wife has, in the absence of an agreement, an equal share in the flat which she can cull out through appropriate proceedings in the court.

2. Your share is not greater than 50%. Your fight for a higher share is destined to fail.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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your wife has right to get her share in the property jointly named with you. if this property was registered in your name only then she can't claim share in it. The Marriage Laws (Amendment) Bill 2010 is still pending in parliament that will give the wife, in case of divorce, half a share in her husband's residential property, regardless of whether the property was acquired before or during the marriage.  
you have paid all emi but it is registered in her name also but she has limited right in this joint property, if you refuse to give she can live in it but she can't sell it. she is ostensible owner but according to benami property act she is deemed to be co-owner of the property so it will be decided by the court after divorce.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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