Property division in case of divorce

Querist : Anonymous (Querist) 21 July 2010 This query is : Resolved
Dear Experts
Wife is not joining even after RCR notice.. I have have a house in joint name, but all money is paid by me only, still have half bank loan on my name . We don’t have any kid. If divorce happens what will happen to my house. How much I loose..

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Devajyoti Barman (Expert) 21 July 2010
The house will continue to be owned jointly by both of you though you can file a suit for under benami transaction act to claim the property back if you have good proof to support.

Adv Archana Deshmukh (Expert) 21 July 2010
You will not lose anything if you can prove that all the money is paid by you. You can claim the entire house.

Srinath Kondapally (Expert) 21 July 2010
50% share will goes to her at any cost, if she claims

s.subramanian (Expert) 21 July 2010
the purchase of the house in joint names is sufficient proof that you both are equally entitled to the house.The repayment of the loan by you cannot and does not clothe you with any independent or absolute or exclusive title over the house.However you are entitled to sue for the recovery of the due share of the loan dues form your wife on proof of full payment with your money.Divorce will not have any effect on your mutual rights over the house. Sec.4 of the Benami Act will also be working against you since it lays down that if the property has been purchased in the name of the wife,the presumption is that it has been purchased for her welfare and benefit unless you are able to prove the contrary.

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