• Division of joint property

How is a joint name property to be divided in a divorce if, one has put in majority of the money in the property, but the other still wants 50 %
Asked 4 years ago in Family Law
Religion: Christian

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10 Answers

1) you have to file declaratory suit that you are x per cent owner of the property as you have made payment of X amount for purchase of property

20 amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

IF other person in the joint ownership is ready to divide the property as per financial investment then you may settle accordingly. However as per law, both are joint owner i.e. 50% each.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

It wont be decided. You need to share in the property in 50/50 if spouse is not ready to transfer the property in your name. The property given by her family members is completely different and cannot be taken into consideration. You may also file a suit for declaration declaring you the absolute owner of the property stating that entire money was paid by you and it was a benami transaction in the name of your wife.

Best is to speak to the spouse and make her ready to transfer the property in your name after giving her share in the property. That may not be 50% of the property.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

land was bought in joint names from funds lying in joint account . your spouse can claim 50 share in land

20 as far as house is concerned you have paid Rs 75 lakhs for construction . get valuation of house done

3) convince your wife not to claim 50 per cent of house value as costs of construction has been made by you

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

If the joint holder do not agree for partition acc. to contribution than through partition suit in court.

She having another house has no bearing her right in this property, Court will decided title up to the holding acc. to contribution in purchase of land.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

See if the property is owned by both in the joint name then the other party can claim 50 percent share as the property was purchased from the joint account.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

But for the development of the property you have invested sufficient amount and through that value of the property so you can get the valuation of the construction done and can file for declaration over the house. further you have to establish that all the amount spent on the house was done by you and proof of same has to be given.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. file a declaratory suit in court to declare you as absolute and full owner of the property since it was purchased using your money

2. wife is added as 50% owner only for convenience and as a family arrangement

3. property was not purchased for benefit of your wife but was intended to be your absolute property

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

The meaning of joint ownership itself is that each of the party are having an equal share in the proeprty.

Therefore the demand for half share in the property by the other spouse cannot be refused by the agitating spouse.

The court will decide abut it when the partition suit is filed in this regard.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Bought the land for 40 lakhs in Joint name from joint account, 10 years back, built a house in it with 75 lakhs of my own money, 5 years back. But house is also in joint name as the land was joint.

The land value itself now is 2 crores. I have no other house, but spouse has another house in her name gifted by her parents. So how will this be decided ?

There are two ways of disposing the issue, i.e., by a compromise arrangement or agreement of one of the spouses to buy the share of the other

Or

by filing a partition suit before court with all the evidences in your side and convice the court of your stand and status, let the court decide.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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