• Status of jointly owned apartment after divorce

Hi,

I have filed a divorce and my query is regarding the apartment which is owned by both my wife and me. However, all the down payment, Yearly Tax and Monthly LIC home EMI is paid by me. I have all the bank statements which signifies the same. Post marriage, out of love i added my wife's name to the property which i bought. My wife just earn 10K a month and the EMI for my house is around 40K.
My question is, in case of a divorce can my wife claim part of the property? If yes, then how can i save my house, as its my only property where my retired parents will stay.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Dear Client,

best remedy for you is to get a release deed executed by ur wife in ur favour.

thanks
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) your wife is joint owner of apartment and hence has 50%share in the said flat . 

2) your wife can claim 50%share in property in the vent of divorce and obtain an injunction restraining you from selling the said flat
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
She can claim 1/2 the share as it is a jointly owned one.otherwise you must file and prove that all EMI is paid by you and she gas not paid any. So apartment must be given to you without any share.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) your wife will never sign the relinquishment deed as you have made her  joint owner of flat . 

2) if you stop paying EMI bank will take recovery proceedings against you and your wife . 

3) best option is to sell off the flat with bank consent . loan can be transferred in name of purchaser . divide sale proceeds equally
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Dear client,

Make ur wife understand that as she has not paid any money for EMI of flat so she is under legal and moral duty to execute a release deed in ur favour at the earliest and for that purpose you can also send legal notice to her.

thanks.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Dear Querist
first of all try to settle the matter amicable, if it is not possible then stop the payment as EMI and file an application before bank regarding changed the name if sale deed is not executed. if the sale deed has been executed and the property in in your possession then she has 50% share in this property.
you may stop the payment and after that bank take legal action under SARFAESI Act against the property and at that time she can claim only her share if any excess  amount will be recovered after auction of this home.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. As per the law, if a property has been purchased jointly by two individuals they are the joint owners thereof. It is totally immaterial who among them has paid the EMIs, etc. The EMIs, down payment, etc may have been paid singularly by any one of them, but this does not emasculate the ownership of the other joint owner even though he may not have made any monetary contribution to the purchase of the property. Hence, your wife has an equal share in the apartment notwithstanding the fact that she has not contributed monetarily to the purchase of the property or its maintenance. Since the sale deed is registered jointly in you and your wife's favour her ownership is at par with your ownership.

2. Your wife may claim to the extent of her indefeasible ownership in the property i.e 50% in the event of divorce. You can save your share in the property. She may move to court to seek a stay order against the sale of the entire property by you.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. Your wife will never agree to relinquish her share in your favour. So this option is out of picture.

2. In the event that you stop paying the EMIs the bank will initiate recovery proceedings against you by taking the possession of the property and thereafter selling it at an auction to recover the unpaid loan.

3. If you succeed in finding an owner who agrees to pay the remaining EMIs then you and your wife may with the consent of the bank sell the property and pass on the liability to him.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
if your wife donot agree then she has 1/2 share in that flat legally. that is a fact you must relize it. you even can not sell the said without your wife consent
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Hi, as the appointment in the joint name both are equal right in the property...........it is better during  in the mediation process in the court settle the matter amicably and ask her to execute release deed other wise you can't do anything.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Yes if you can go forward if she us ready to give you release deed if not you will have to file a case and say that only you are paying EMI and she didn't contribute hence to give you the same
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Your wife is the equal owner of the flat alongwith you,

2. She may not execute and register a relinquishment deed in your favour,

3. If you do not pay EMIs any further, the Bank will take possession and sell off the flat to realise the outstanding,

4. Best course of action will be to convince your wife to execute and register a relinquishment deed after taking a compensation for it,

5. With compensation in hand, she may agree.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. If she does not agree for it, you can also file a declaratory suit praying for declaration that you are the sole title holder of the property since you had paid for it and also for direction upon the registrar to cancel the name of your wife from the title deed,


2. Against the above Court order, your wife can no longer claim to be the joint owner of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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