• Divorce

Hello sir/madam

I have decided to ask for a divorce from wife since things are not working out between us but we have a joint property loan that we took last year. I just wanted to know how to deal with that loan in case of divorce?
Asked 1 year ago in Family Law
Religion: Hindu

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13 Answers

Either of you relinquish your right for a valid consideration before dissolution of marriage .

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
1801 Answers
8 Consultations

4.9 on 5.0

Ownership shall be acc. to contribution in purchase. Either of you can stake sole ownership by refunding the other party contribution or sell to third party and distribute acc. to share.

Yogendra Singh Rajawat
Advocate, Jaipur
21317 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

The following information may kindly be read:

How are Property and Debts Divided in a Divorce?

I want to get a divorce. How will the court divide our property?

The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture. The court can give one spouse more property than the other spouse if the court has a good reason to do so.

What is marital property?

In general, all property owned by either spouse is marital property. It can be property one of you got before or after you were married. It includes all kinds of property: personal property, homes and land, bank accounts, retirement accounts, etc.

I bought a car after I filed for divorce; is this car going to be “marital property?”

No. After the divorce is filed, things you or your spouse buy are not considered marital property.

When might a court give one spouse more property than the other spouse?

The court can consider many factors when making this decision, including:

  • · The contribution of each spouse to the property.
  • · Whether one spouse got the property before the marriage or by inheritance or gift.
  • · The economic circumstances of each spouse at the time of the divorce.
  • · Whether the spouse who is getting custody of the children should stay in the marital home.
  • · The conduct of the parties related to the property (for example, has one spouse destroyed or wasted property).
  • · The earnings or earnings ability of each of the parties.

I owned my house before I got married. Will my spouse get half of the house if we divorce?

Maybe. All property of the husband and wife is considered “marital property.” This means that even property brought into the marriage by one person becomes marital property that will be split in half in a divorce. However, the court does not have to give each spouse one half of the property. If one spouse owned the house before the marriage, and the other spouse has not contributed to the house (such as making payments or repairs), the court might decide that the house should not be split between the two spouses.

What if my husband and I agree on dividing the property, but it is not split half and half. Will the court allow this?

Yes, the court will probably approve your agreement. The court will generally approve an agreement on property settlement, even if it is not an even split. However, you may want to state in your agreement the reason why the two of you agree to an uneven split of the property.

 

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

both should continue to pay EMI of loan 

 

2) in alternative you can offer to buy wife share in property or vice versa

Ajay Sethi
Advocate, Mumbai
78799 Answers
4735 Consultations

5.0 on 5.0

See if you both agree for mutual divorce then in that case you can both mutually decide otherwise you can file contested divorce before the court on ground cruelty and further the property dispute can be filed before the court only.

Shubham Jhajharia
Advocate, Ahmedabad
25487 Answers
111 Consultations

5.0 on 5.0

- Since , you aleady decided to take divorce from your wife , then you should convince her for filing a Mutual Divorce Petition before the Court. 

- Further, you should also move an applicaton for the said issue before the Court. 

- Before granting Divorce, Court will either divided the said property/libility of loan equally or on the basis of income of the parties and debts.

- If, you are ready to pay the loan amount yourself , then convince her to execute Relinquishment Deed in favour of you .

- If, you get the said Deed in your favour , then produce the same before the Court with the Divorce Petition. 

- Court will settle the property issue along with passing the Decree of Divorce.

 

Good luck and dont forget to rating positively.

Mohammed Shahzad
Advocate, Delhi
5289 Answers
51 Consultations

5.0 on 5.0

You can decide the same if you are going for mutual divorce. Or you need to approach the court for the same

Prashant Nayak
Advocate, Mumbai
22044 Answers
49 Consultations

4.4 on 5.0

You can go for quit claim or settlement deed after divorce.

Ganesh Kadam
Advocate, Pune
11541 Answers
107 Consultations

4.9 on 5.0

When the court grants a divorce, property will be divided equitably (not always equally) between the two spouses. This is decided under the Equitable Distribution Law. During the divorce both spouses have to tell the court about their income and any debts they owe and about joint property loan. 

Mohammed Mujeeb
Advocate, Hyderabad
18622 Answers
11 Consultations

4.5 on 5.0

Represent the same before the Bank. Supply the court papers to the Bank. Request the Bank to revise and Bifurcate the amount of the Laon.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

Loan should be jointly paid by both owners in proportionate to the share they have in the property.

Or one owner can transfer his or her share to other by taking money according to the share. 

Mohit Kapoor
Advocate, Rohtak
10525 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. The matter will be heard by the court since it was a valid marriage;

2. You will need to decide the maintenance;

3. Also discuss more facts of your case;

4. Try to negotiate over the same, citing your loans and liabilities;

5. If there is a child, decide the custodial rights and the visiting rights of the minor child;

6. The property will be equally divided if you both wish to maintain the same; 

7. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The home loan on property will continue in the same manner as it is going on, if at all there is an understanding between you both by a MOU in the divorce process then as per the conditions, either of you can purchase the other's share in the property and may intimate bank about it and get NOC for the other applicant to get relieved from the loan liability.

T Kalaiselvan
Advocate, Vellore
68815 Answers
927 Consultations

5.0 on 5.0

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