how much share wife can claim in joint property where i pay loan emi


we bought a flat in joint name where the bank loan of 80% of the flat cost is in my name and now we have filed for a divorce. wanted to know how much share can my wife claim in the flat as all the loan emi is being paid by me only.

Answers (3)


189 votes

In such a case many things are considered.
Firstly, the property bought in joint name is the sole property that you and your wife resided or residing. OR an additional property that is bought as an asset or source of income.
Secondly, the earning capacity of each spouse and current stability.
Thirdly, the children and their well being.

In the above, if the property is the resident of the family then the same shall be divided equally since you are the bread earner for the family so amount wife paid shall not be considered rather that too shall be given in addition to her. If, she is a homemaker and not earning or incapable of being self sufficient.
In other cases, the Assets movable or immovable shall again be equally divided but depending on the share of each spouse and also the share of the children if any.


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210 votes

Your wife will be entitled to 50% of teh property irrespective of who is paying the EMI as she is a joint oner of the flat. You are advised to stop paying the EMI and let the bank proceed with auction. You are also advised not to buy any property before the divorce gets finalised.

Word of caution: Your wife will be entitled to 50% of teh amount you receive from auction as well.

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229 votes

Dear Sir,
To answer this question it is necessary to inspect the sale deed and the other title documents.

There can be situation that you have applied for loan and your wife is co applicant as well chi owner or co owner but not co applicant. The percentage of holding would depend upon the title deed

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