Ex wife's rights
Net
(Querist) 10 July 2014
This query is : Resolved
Good Evening respected people.
If a couple is divorced for a year and have a property jointly registered. but now the Man wants to sell it, But his ex wife is not even interested in the property dealings. What should be done.
The property is on loan for the last 10 years, all the EMIs have been paid by the MAN, Initial Down payment by him, Taxes by him. What if the lady ask for the share, and the Man does not want to part with her as she did not contribute. but just because she is jointly registered.
Pleas advise
Devajyoti Barman
(Expert) 10 July 2014
The wife has half share in the property and she can ask for it and claim for half share in the sale proceeds.
The husband can however sell his undivided half share if he finds any such gullible buyer.
Rajendra K Goyal
(Expert) 11 July 2014
husband can sell his undivided half share in the property.
He can not claim full share.
ajay sethi
(Expert) 11 July 2014
no buyer will purchase the said property . since wife is 50%owner of said flat obtain her consent for sale of property and offer her 50%sale proceeds
Raj Kumar Makkad
(Expert) 12 July 2014
Only 1/2 share can be sold in the said property without your wife. If she is also agree to sign, only then the entire property can be sold.
T. Kalaiselvan, Advocate
(Expert) 12 July 2014
Since the property is jointly owned by both, the husband can either seek partition and sell his share of property or can go ahead selling his undivided portion of share in the property. Whether the husband alone paid the down payment or EMI cannot be a reason to deny her the half share which she is legally entitled in the property in view of the property being registered jointly in both the names.
Net
(Querist) 14 July 2014
Thank you all for your responses, But before i proceed for a sale, currently am paying the EMIs, and there is an outstanding laon. Should that not be shared between the two of us?
Devajyoti Barman
(Expert) 15 July 2014
You applied for loan by your name , so you are liable. The wife/co-applicant need not pay EMI.
Now either continue to pay the EMI or loose the property.
Net
(Querist) 15 July 2014
Sir, She is also the co applicant in the loan.
Raj Kumar Makkad
(Expert) 15 July 2014
If your wife is also a co-applicant, she is also liable to pay EMIs.
