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Division of jointly owned property after divorce
26-May-2023 (In Family Law)
We bought a jointly owned property after we got married. As i am a banker we got staff loan approved for the same. (Kept my husband as a co-applicant.his salary was not considered).all the initial funds for the purchase of property were arranged solely by me by using all my funds saved before marriage.emi is being deducted from my salary only.
We are heading towards divorce now. How will the property be divided? Can my husband claim any share in it?
As you have said that you have made your husband co-applicant but you have paid entirely for it, your husband shall not ask for any share in the said property. If you are heading for mutual consent divorce then get the gift did registered from your husband in your favour for the said 50% share and if it is contested divorce , you can claim that relief from court.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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If it is as an Immovable Property, you have to file a Case in Court to claim Property Title, that is, Ownership of 50 percent Share of your Husband in that Immovable Property. You have to prove that as all EMIs' were paid by you, then the Court will handover entire ownership of Property to you.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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He can claim his share in the property. However you can file a consent terms putting down your terms and conditions for divorce and file mutual consent divorce for the same. You can ask him to pay the EMI equally or file separate civil suit.
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Adv. Ambreen Shaikh
Mumbai | 25+ Answers
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