645+ Lawyers are online 
How to sell property after divorce registered jointly in couple's name
11-Nov-2023 (In Divorce Law)
Hi, I have recently filed for a divorce. I have a 2bhk in joint names with wife and I have paid all EMIs till date including downpayment. I want to sell the property to reduce my debt and save money for my child's future. My wife is not letting me sell the house. I have stopped paying EMIs for the house. I have emailed my wife that if she let's me sell then I'm OK to rent a 1bhk for her. Please advise what better I could do. If she doesn't let me sell then I'm not gonna pay EMIs and let the back auction the house.
Sir,
Is it a underconstruction project or already possession taken & wife living in it? If under construction then file an application in Court for permission to sell and directions to her to cooperate as you are not able to continue with payment etc. If she resides there then difficult task , but still you can file applucation n show me he urgent need to sell.
Is it a underconstruction project or already possession taken & wife living in it? If under construction then file an application in Court for permission to sell and directions to her to cooperate as you are not able to continue with payment etc. If she resides there then difficult task , but still you can file applucation n show me he urgent need to sell.
Helpful?
19+
19+
Adv. Shalini Devi
Mumbai | 400+ Answers
CONTACT NOW
Selling of a flat in the Joint name is possible only with the consent of both the parties and / or otherwise a Court Order is necessary as it is a single undivided unit.
You have just filed for a Divorce. it depends on your prayer in the Petition that what relief you have sought for in regards to your flat which is in the joint name.
In alternative you can file for a Partition Suit and ask for a relief in regards to disposing of the said flat and share the sale proceeds amongst you both.
Letting the Flat go in auction is not a good idea as it will result into loss of whatever EMI's you have paid till date. You can rather continue the EMI and take the benefit of said payout at the time of disposal.
You have just filed for a Divorce. it depends on your prayer in the Petition that what relief you have sought for in regards to your flat which is in the joint name.
In alternative you can file for a Partition Suit and ask for a relief in regards to disposing of the said flat and share the sale proceeds amongst you both.
Letting the Flat go in auction is not a good idea as it will result into loss of whatever EMI's you have paid till date. You can rather continue the EMI and take the benefit of said payout at the time of disposal.
Helpful?
10+
10+
Adv. Dharmendra Damani
Mumbai | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
