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Procedure for removing spouse name from property after separation
03-Dec-2023 (In Property Law)
Dear Sir, I want to remove my wife name from my property. The reason for that we are separated from past 5 year and I am paying her monthly alimony of rs 10000-/- Second I want to relocate to other place and possibly to purchase new flat also my health is not well here. Further I would like to let you know that I made all payment while purchasing FLAT and I have evidence for it, Further till date I paid and paying all property maintenance, house tax, electricity bill and society bill. I request to please advice me on this. Thanks & Regards Vikas Mishra
As per your query
Firstly, If your wifes name is in the agreement for sale as co-purchaser then, in that case you need to get executed a deed of release from your wife in your favour. The same would attract stamp duty for 50% of flat value.
Secondly, as dispute between you and your wife is in the court and if your wife is willing for mutual consent divorce then ask her waive her right the said flat.
Thirdly, if your wife is not ready to waive her right as mentioned above, you need to file a suit for declaration as owner of the flat.
Regards
Firstly, If your wifes name is in the agreement for sale as co-purchaser then, in that case you need to get executed a deed of release from your wife in your favour. The same would attract stamp duty for 50% of flat value.
Secondly, as dispute between you and your wife is in the court and if your wife is willing for mutual consent divorce then ask her waive her right the said flat.
Thirdly, if your wife is not ready to waive her right as mentioned above, you need to file a suit for declaration as owner of the flat.
Regards
Helpful?
Adv. Neelkanth Goswami
Thane | 200+ Answers
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With reference to the above statement, first of all we required more details about your divorce case, in that what are the conditions you are agreed to pay to your wife, surely we will resolve your issues kindly contact us
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Adv. Anil Gaikwad
Navi Mumbai | 100+ Answers
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As per the details shared by you would like to check and discuss if there is any mutual understanding in written for the said flat or payments. There is a procedure to remove her name with help of all the documentation you have and offcourse keeping her in loop wherever required.
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Adv. Bindu Kamlesh Dubey
Navi Mumbai | 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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