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Wife isn't allowing to sell the flat
10-Jun-2023 (In Property Law)
I have purchased a flat in 2017 and added my wife as co owner. My wife is housewife and she is not working. My dad paid the 20% down payment of my flat and I am paying the EMI from 2017. Now we have big disputes and my wife is threatening me that she will take everything from me. I want to sell the flat because she wi take the benefits of it in future. She is harassing me to force me for filing contested divorce. This way she can demand more by showing that she is innocent. My priority is to sell off the flat because I am having burden of paying off the EMI.
What is the legal way to sell the flat in my case?
Can my father play any role in this as he had paid 20% amount of the flat?
Can I sell the flat without my wife consent?
If flat is in the name of both of you, you can't sale the sale without her signature. But you can do one thing you should keep in your custody all documents within your custody to prove that flat was purchased by you exclusively and 20% is paid by your father. Her name is only due to love and affection. She is house wife and not earning lady. You can move for restitution if she moves for divorce.
Helpful?
Adv. Manoj Mulchandani
Nashik | 700+ Answers
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This is my response to you:
1. Since she is the co-owner she has 50% rights in the flat;
2. You will face difficulty in contested divorce proceedings;
3. If you divorce in mutually then maybe the property issue can be sorted;
4. Consult a local lawyer and take steps.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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my friend,
as your wife is co owner of your existing flat you do not sale t h e flat without her consent you both can decide about sale of the flat you stated that your relation with your wife is not so good you cannot sale flat you have to wait my friend and then and then you can sell with her consent only in the contrary if you have required any advice please contact with me .
Helpful?
Adv. Bhalerao Prakash
Nashik | 100+ 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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