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Co-applicant in loan can husband claim for paid EMI applying divorce
14-Sep-2023 (In Civil Law)
I bought a property and registered it on my wife's name also and she is the co-applicant of the housing loan also. For the past 4 years I have been paying the EMIs. Still around 40 lakhs of loan is outstanding. If I apply for contested divorce, how should I proceed? What will happen to the current outstanding joint liability? Can I file recovery suit to claim the past EMIs that I paid for her?
Since your wife is a joint owner of the property you cannot do anything other than give her half share. She equally owns it. If you have decided to go for divorce then I would say that sell the flat if your wife mutually agrees for it so that you don't have to pay the future EMIs and you atleast get half the sale proceeds. If your wife is earning then you will not have to give her any future maintenance after divorce. As for alimony, you can defend yourself in the family court saying that you have paid all the EMIs and now you don't have anything else to give. Recovery suit is not an option.
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Adv. Menaz Maqbul Shaikh
Mumbai | 100+ Answers
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