Me and my wife applied for mutual consent divorce in dec 2013 and in affidavit we mentioned that both the parties will not ask for any past, present and future maintenance but not mentioned about property and after that court has given us date of after 6 month. Everything is going fine but few days before my wife messaged me and ask me Rs 5 Lakhs for relinquishing her name from my property. I have a home which is on loan with bank and all the amount is only paid by me only and EMIs also but at the time of registering I added her name as co buyer (50%). We agreed before that she will relinquish the property on my name but as I said same is not mentioned in the affidavit. Now I want to know what she can do legally and what are the options for me?? Please advice.
Asked 4 years ago in Family Law from Nagpur, Maharashtra
1)your wife is co owner of property . she has 50%share in said property . better pay her said time at time of obtaining divorce only .
2) if you refuse she wont turn up for second motion . your divorce petition would be dismissed
Since she is the co-owner of property and has 50% share in the property pay her after she attends the divorce proceedings. Also let her execute Release Deed in respect of her share in the property in your favour.
as o oday she is coowner of property. so it will be better you pay to get her out of property by taking all legal steps
Advocate, Greater Noida
1. Since she is a co-owner she has 50% share in the property. It is for you to decide whether you have to accede to or reject her demand.
2. If you do not pay her the amount sought by her then she will ensure a smooth dismissal of your case.
Your wife being the 50% owner of the property can claim her right over that property.