I have a joint property, a one bedroom flat, owned by me and my brother, i am the second applicant and my brother is the first applicant, the property is bought on loan from SBI, for which the EMI is currently being paid, my brother is paying the total emi, the loan is still going on and will go on for the nex\t 13 years, i wish to file for divorce from my wife, in this scenario can the wife lay claim on such property, where the co-owner is also my brother and the flat is hypothecated to the bank, i.e. the bank is the technical owner, since the loan is going on. also. if my wife files for a DV act, where in she asks for right to residence, can she lay claim on residence in such property. as this is jointly in my brothers name, this was her matrimonial home after marriage. if the answer to either of the questions is yes, then kindly suggest a way out please
i would indeed appriciate your advice on this matter.