• Property and civil

I am 42 year old earning 90k pm & my wife earns 70k, 03 year back we have taken Home loan of 40lacs
for which i am paying the EMI to Bank. ( we both are co-applicant in loan & coholder in property 50% share each )
Now we heading toward Divorce, my wife is not willing to share EMI, we still living in same house & are not on taking term.
What should i do
Asked 1 month ago in Property Law from DELHI, Delhi
Religion: Hindu
Sir 
Both of you are coapplicant but EMIs are deducted from whose account. 
Is it a joint account or singly held. These questions needs to be ascertained before answering
Anand Shukla
Advocate, DELHI
121 Answers
2 Consultations

4.9 on 5.0

Since she's a co-applicant with you in the bank, even she is expected to contribute by half towards payment of instalments to the Bank.

Even you should stop paying the EMIs, or pay it in half.
Vibhanshu Srivastava
Advocate, New Delhi
6249 Answers
83 Consultations

5.0 on 5.0

This is my response to you:
1. The bank will unfortunately collect the EMI from the primary applicant;
2. So you can tell your bank to approach your wife and make the payments;
3. Your wife and you should approach a marriage counselor and sort out the differences between you both;
4. You must tell your wife that she should pay the EMI and after divorce (if conciliation fails) then you will sell off the property and share the profits;
5. Just tell her to honour her part of the agreement.
Gowaal Padavi
Advocate, Mumbai
1163 Answers
2 Consultations

5.0 on 5.0

What is balance amount payable? 

2) stop paying EMI 

3) let bank auction the flat for non payment of loan 

4) surplus of any on repayment would be distributed equally 

5) if there is defecit both have to pay the difference
Ajay Sethi
Advocate, Mumbai
49236 Answers
2936 Consultations

5.0 on 5.0

1. If she is not willing to share EMI then you have no option but to pay it individually. The bank is least interested in the turmoil between spouses, it is only concerned with repayment of loan. So if there is default in repayment of home loan then bank will initiate the proceedings under SARFAESI Act.

2. Even if she does not contribute to EMI she still remains a co-owner.
Ashish Davessar
Advocate, Jaipur
23888 Answers
667 Consultations

5.0 on 5.0

First of all, if the home loan is in the name of both the parties then she has to pay as she is also the co-sharer in the property. 
Secondly, you should add a clause in your divorce petition regarding it that she has to pay the equal emi amount as taken as she can claim her right in the property.
Thirdly, you can also transfer the property in your name so that she cannot claim her right and you can pay the rest loan amount.
Ritu Gaur
Advocate, Delhi
30 Answers

Not rated

Either you should pay her money towards 50% share and get a relinquishment deed from her Or both should sell the same with the consent of the bank to prospective buyer and share 50:50 of the selling amount or she may pay money towards 50% share to you and relinquishment deed is registered in her favour by you.
Dalip Singh
Advocate, New Delhi
272 Answers
1 Consultation

4.9 on 5.0

Dear Client,

Ownership will acc. to % of contribution, mere involving into joint ownership, dose not make her owner but this will declare by court only. AS per sale deed, she is hold 50% of property.
Yogendra Singh Rajawat
Advocate, Jaipur
4640 Answers
2 Consultations

4.7 on 5.0

I would advise you to stop paying the EMI as due to the non payment of EMI the Bank will automatically send a notice to you and your wife,you can in the meantime show your bona-fide that you are willing to give your share and the other half would be made by your wife as she is a co-holder of the property but still if you fail to make the payment then bank will auction your property.
Archit Vasudeva
Advocate, New Delhi
26 Answers

Not rated

July 13, 2018

The same can be settled by ambical mutual settlement to avoid wastage of time

Further you can put this matter to the court and get the judgment

Regards,

Mehul Kakkad
Mehul Kalyanjibhai Kakkad
Advocate, Vapi
5 Answers

Not rated

1. Then sell the proeprty and divided the sale proceeds as per the money expended by each of you.
2. Else she will have legal right to stay in the suit and claim its share also.
3. Another option is to buying her share. 
4. If she refuses to share the EMI you can not force her to do so.
Devajyoti Barman
Advocate, Kolkata
13749 Answers
187 Consultations

5.0 on 5.0

You can file a declaration suit for declaration you complete owner of the property as you have paid the complete amount towards the purchase and EMI of the property.

Further, first you can serve a legal notice to your wife calling upon to her to pay the arrears of her share of EMI and contribute equal amount if she fails file the declaration suit,
Shubham Jhajharia
Advocate, Ahmedabad
5421 Answers
15 Consultations

5.0 on 5.0

You can request your wife to pay her share of EMI 

2) if she refuses let bank auction the flat 

3) you can also file for divorce on grounds of mental cruelty 

4) declaratory suit that you are absolute owner would take years to be disposed of
Ajay Sethi
Advocate, Mumbai
49236 Answers
2936 Consultations

5.0 on 5.0

You don't leave the house

You can issue a legal notice asking her to share EMI Loan repayments, you may advice her that failings to comply then you may be considered as wilful defaulter and hence you would drag her to court of law.
T Kalaiselvan
Advocate, Vellore
39440 Answers
422 Consultations

5.0 on 5.0

1. Don't do that, because you will be losing your property as well as money

2. You can ask to share.

3. Not maintainable

4. Divorce case has nothing to with this.
T Kalaiselvan
Advocate, Vellore
39440 Answers
422 Consultations

5.0 on 5.0

1. From that you will suffer loss as even if house is auctioned wife sha receive the 50 percent of the balance amount.

2. Yes and laY balance arrears of already paid emi or file declaration suit to declare you complete owner of the property.

3. Yes this would be step if she refuse to pay.

4. No property suit and divorce are separate suit.and it cannot be made part of divorce suit
Shubham Jhajharia
Advocate, Ahmedabad
5421 Answers
15 Consultations

5.0 on 5.0

Go with option 3 for complete ownership on the basis of contribution.
Yogendra Singh Rajawat
Advocate, Jaipur
4640 Answers
2 Consultations

4.7 on 5.0

If you fail to pay the EMI, the bank will take possession of your house. Even if your wife doesn't pay the EMI being the co-applicant of the loan, you will be liable to pay the entire loan amount.

But you can file a civil suit of declaration for complete ownership against your wife based on the proportion sale consideration paid by each owner towards the loan for the payment of sale consideration of the property.
Siddharth Jain
Advocate, New Delhi
1522 Answers
17 Consultations

5.0 on 5.0

1. You should continue paying the EMI is the ownership of the house can be claimed by you later. If you fail to the pay the EMI Housefull be auctioned of and remaining amount should be recovered from the bank from both the CO applicants.

2. You should serve a legal notice to wife asking her to pay the EMI as she is the co applicant of the loan also state in the notice that if you fails to pay the EMI amount you will get the complete ownership transferred in your name from Civil Court. Also, ask for the arrears which she had failed to pay in the past and were paid by you.

3. Yes. You can file a civil suit of declaration for complete ownership against your wife based on the proportion sale consideration paid by each owner towards the loan for the payment of sale consideration of the property.

4. You can file a divorce case against wife on Grounds of cruelty but this case would be tried separately and cannot be made a part of the divorce case as there is no such provision of law in this respect.
Siddharth Jain
Advocate, New Delhi
1522 Answers
17 Consultations

5.0 on 5.0

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