Selling share in joint property


Hello Experts,


 Due to matrimonial dispute, the flat that i have bought is in question. The question and concern here is not a new one and perhaps the most common question posed by unsuspecting husbands who included their wife's names in the purchase agreement purely on emotional basis.

Let me repeat the question. I have been paying single handedly paying EMI of my house since 2007. We are heading divorce. I have read in few threads on this forum and elsewhere on this website that it is possible to sell 50% of the share in the property. Sounds like a terriic idea. I have few questions related to this proposition and I would invite clarifications/views/suggestions from all the learned people to the experts/ people travelling in the same boat as me:


1. Is selling 50% in co-owned property a practcal idea? Does it really happen in the real world? Has someone really done it? If yes, I would like to discuss with you at the earliest?

2. What legal papers do I need to exchange with the buyer & co-operative society if I decide to sell it to some potential buyer?

3. What about the pending bank loan?

 

Awaiting your views.

 
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Advocate

Dear, Flat since it is not severable cannot be sold, yes it could be sold as a whole and then distributed equally between you and your wife. Loan amount has to be paid by the person in whose name loan was taken. Advocate kapil chandna 9899011450
 
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Thanks Kapil ji. Let me wait for few more opinions.

 
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Hello experts,

 

Any more thoughts on this one please

 
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Legal Consultancy/Advocate

Hi Nuvo,

               you first try and tel your wife through your lawyer that you wish to rempve her name. if thats not possible and you also dont want to then you tell her through your lawyer again to pay for the flat. why should you pay for it when youa re not together! approach a Good Lawyer with family court experience. 

 
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