Husband threatening to withdraw loan papers from bank

I purchased a flat in 2011 by submitting the necessary papers to the bank. Me and my husband are not in good talking terms. The loan EMI's are being paid duly by me only. He threatens to withdraw the papers submitted in the bank so that me and my son come to the streets. Can he do this? Is there any way I can safeguard myself?

Answers (1)

148 votes

According to what you have posted, the loan seems to be in a Joint name, the liability will exist till the time even a penny of loan exists. Your husband can't just take the documents out and shift the loan burden on you. Both the parties are responsible for repayment and it is not open for one party to walk out on the debt.

Generally in case of joint loans, the property is registered jointly in the name of both the parties. So this flat of yours also must be a joint property. In that case also your husband can't ask you to leave the House. Moreover, even if the flat is in the name of your husband, then also as per the laws of India you have a right to stay in the house.

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