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Me and my husband signed mutual divorce agreement we share a flat 50/5
28-Dec-2025 (In Divorce Law)
Me and my husband signed mutual divorce agreement we share a flat 50/50 and he has not been paying the loan.Now he stated in agreement " he will relinquish his share in favour of wife for the future of children" and " this agreement won't affect the right of minor in any case" .The loan is pending amount 22.5 lacs,please tell me would I wil be the sole owner and later on can I sell this property as I will fix some amount as FD for the children and will buy a 2bhk selling this 3bhk near my parent
you can file case against your husband in concern your family court your all debt regarding payable by your husband payment is also account builty of your husband so you can file a pity and concern go and definitely code love pay all the date to your husband
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Adv. Saurabh Mani
Adv. Saurabh Mani
Mau | 100+ Answers
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Yes if he want to relinquish his share in the property you should get executed a relinquishment deed that too registered in your favour and your own share also defined somewhere in the deed, in the deed your husband should state specifically that he is doing this for children favour and also should mention the pending bank loan which you desire to pay from your side also get your self substituted in the bank for which your husband should give an affidavit in the bank.
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Adv. Ravikant Mani Tripathi
Adv. Ravikant Mani Tripathi
Sultanpur | 25+ Answers
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Firstly make sure that the loan is paid by your husband and then the ownership of flat is given to you fully. If you get the ownership without loan amount is paid then liability to pay loan will shift on you. Ones you become the sole owner then you can sell the flat.
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Adv. Swati Pandey
Adv. Swati Pandey
Allahabad | 25+ Answers
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You said:
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Legal Position & Practical Solution (India):
Ownership:
Merely mentioning in a mutual divorce agreement that the husband will “relinquish his share” does not by itself make you the sole owner. To become the absolute owner, a registered conveyance deed is required—either a registered relinquishment deed / gift deed / settlement deed executed by your husband in your favour and duly registered.
Home Loan Liability:
If the flat is jointly owned and jointly financed, the bank will still treat both of you as borrowers until the loan is fully repaid or formally transferred. Even if he is not paying, legally the bank can proceed against you and the property. You should:
Continue payments to avoid NPA, and
Seek loan takeover / substitution of borrower in your sole name, subject to bank approval.
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Adv. Servesh Mishra
Adv. Servesh Mishra
Lucknow | 25+ Answers
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mutual divorce file se phle aapko apne sare condition apne husband k samne rakhna chahiye tha ,aur jb agree hote tb aapko file Krna tha aur phir sare condition fullfill Krne k baad hi divorce final hota ,but abhi bhi aapke pass time h before second motion aap agr koi payment aur jwellery wagrah recive nhi kiya h aapne husband se,to mna kr sakti h sing krne se ,aur divorce dene se
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Adv. Sushmita Mishra
Adv. Sushmita Mishra
Lucknow | 5+ Answers
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