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How can I get my wife's name removed from joint property after divorce
21-Dec-2023 (In Property Law)
Dear Sir I have filed a petition in pune court for divorce from my wife of 20 years on basis of desertion and cruelty. Wife left me 4 years ago and I have no clue where she is nor any contact. I own 2 properties which was 100% paid by me. However both properties were purchased in joint name. Now that there is no possibility of moving forward expect legal divorce, my question is regarding removal of my wife's name from joint property. Can I file petition in court and pay the duty charges and move to the property to my name? Can wife stake her claim on that in future as of now she is absconding and untracable since four years. Even when married to me she treated me with abuse and cruelty. Many thanks for guidence.
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Adv. Anil Gaikwad
Navi Mumbai | 100+ Answers
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Dear Client,
Just because the property is in joint name, Your wife becomes -CO-OWNER for the said property and you dont have and legal right to remove her name and her name cant be removed from the said property without her consent, even tough 100% payment was done by you.
But yes, as per law if wife is missing for 7 years you can apply for getting the property transferred on your name.
Further all this is document based, it would be advices to avail the advice from some advocate, to get proper and precise advice.
Expert Jurist LLP.
Mumbai | Navi Mumbai | Pune | Bangalore | Hyderabad
Just because the property is in joint name, Your wife becomes -CO-OWNER for the said property and you dont have and legal right to remove her name and her name cant be removed from the said property without her consent, even tough 100% payment was done by you.
But yes, as per law if wife is missing for 7 years you can apply for getting the property transferred on your name.
Further all this is document based, it would be advices to avail the advice from some advocate, to get proper and precise advice.
Expert Jurist LLP.
Mumbai | Navi Mumbai | Pune | Bangalore | Hyderabad
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Adv. JV Bhosale
Mumbai | 400+ Answers
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Respected Sir, Firstly i want to mentioned here that your Divorce case is still pending in the court, so Honble court will definitely send summons/warrants to the other party i.e. your wife and here there is possibility to appear your wife in the court. so if she appears in the court then you can ask her to surrender her right in the property or make an application in the court to make speedy disposal of the case. again your property is joint property and for purchasing the said property if their is share of your wife then it may happens that court may order you to give that share to your wife and remove the name of your wife.
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Adv. Jagdish Sahebrao Mali
Jalgaon | 25+ Answers
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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.
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