RAJALAKSHMI 16 November 2017

Co applicant in home loan

My nephew is going for divorce on mutual consent. My nephew is co -applicant for her husband for the purchase of flat on loan from HDFC bank. Till date he has not paid the whole loan amount. The HDFC bank says that even after getting divorce , my nephew continous to be the coapplicant for the loan till he (the husband)changes the coapplicant. They have nothing to do with the divorce. The divorce is expected in 30 days. How can we get protection under law for the loan taken by the husband after divorce.

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2 Replies

Sudhir Kumar, Advocate (Advocate) 17 November 2017

nephew can have wife. how he has a husband?

Vijay Raj Mahajan (Advocate) 17 November 2017

Family Court has nothing to do in this case which is clearly commercial transaction between your nephew and husband of your niece (if I'm not wrong). The nephew can write to the HDFC Bank about his moving out of the agreement of purchase of the property for which he became co-borrower of the bank loan. He can even send the similar letter to the seller of the property, the registrar office or tehsil office about his discontinuation of the sale agreement as co-owner of the property in question.