Seema Sharma (sr.project lead) 04 January 2014
Hi,
I have filed for divorce . We own a joint ownership flat. The EMI's are paid by my husband but I had helped him purchase the flat for which I have no documents. Can I claim my share in the flat? He does not want to give me my share . I have been advised to convert my case into a domestic violence case to get my property rights.Should I do that? Can I sell my share of the property to someone else? Please suggest.
adv.raghavan (Advocate,9444674980) 08 January 2014
since u have become joint owner of the property you are eligible for half the share in it, you did not tell us the divorce application stage. The court may order to divide the property equally, and separating partner share has to be settled off., either spouse may buy the property and settle the balance amount to the other. A separating spouse can issue a gift deed or release deed in this regard.
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