Joint Property after divorce
I am going through divorce. I have a joint property on mine and my husband's name bought about 3.5 years back.
It's net value when we bought was 43+ lakh.
It's 21 lakh worth down payment was done by me.
It's 10 lakh worth down payment was done by my husband.
I conceived, and my husband's been paying EMI since then - about 3 years @12000 something per month.
Pending payments -
17 lakh loan is pending on that
5 lakh registration amount to builder - that happens on possession
Primary owner of that property is my husband
Me being secondary owner.
We did a current evaluation of the property considering that there's a loan pending.. and amount came out to be 26 lakhs.
As 17+5 payment is still pending.
Per this, we signed contract that -
Either I transfer property solely on his name and he pays me 13 lakhs. I will relinquish all my share and claim in the said joint house.
Or I buy property solely on my name, and pay him 13 lakhs. He will relinquish all his share and claim in the said joint house.
There was no mention of loan. *My* assumption was that pending loan he shall clear. Because I already have paid biger chunk of 21 lakhs worth down payment.
Anyways - now is the time of execution of above statement.. and my husband is modifying the MOU interpretation as per his convenience -
He says that he does not need the property, I can keep it. And pay him 13 lakhs, and also down payment of 17 lakhs worth pending loan (+ 5 lakh registration charges to the builder)
From my end, I would have paid 21 lakhs + 17 lakh = 38 lakhs for a property worth 43 lakhs to begin with,
Does not sound fair to me at all.
My version is - either he pays me 13 lakh and I transfer property to him, and he continues to pay loan
Or I pay him 13 lakh, and he transfers property to me, and clears the loan for me; or atleast pays half of it.
Currently loan is in his name
And this conflict is creating issues.
and also this case we are fighting for 'maintenance' as I have a son from him.
But I clearly see that his version is biased and not fair by any means
Infact instead of me getting monetary maintenance or support from my husband, I can see I would instead by offering him my support by giving him 13 lakhs and owing up his loan.
I really need guidance here.
Any help is highly appreciated.
Thanks a lot