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neha hooda   16 March 2023

Property dispute with spouse

I brought a flat in a society at Pune in joint name with my spouse. First name is mine. Property value is around 61 lakhs. We made the downpayment of 21 lakhs in which my contribution was 15 lakhs and my spouse contributed 5 lakhs. We availed loan of 40 lakhs in joint name. We had some differences by then due to some personal matters. He told me that he will not pay any emi. I informed builders to cancel the deal but the cancellation fee was around 6-7 lakhs. I informed my husband that as the fee is high i will continue with the loan alone but you need to transfer the property to my single name after coming back to India. He was deputed at Russia due to some office assignment. He agreed at that time. I continued with the loan single handedly. Now after coming from Russia, he refused to transfer the property in single name. Recently he has filed a divorce petition against me. I am the one who is handling the brunt of the loan alone while he claims 50% ownership just on the basis of 6 lakhs paid by him. Loan is also in joint name. I am having a five months old baby and my expenses have increased manifold since then. I do not want to pay any emi further. Possession is ready. But if I avail it, my spouse will not co operate in resale. What to do?






 2 Replies

T. Kalaiselvan, Advocate (Advocate)     16 March 2023

You don't stop paying the EMI.

At the same time you can file a suit for declaration of title and interests in the property to your name and produce before the court all the details and statements of payment made including the down payment at the initial stage and seek for declartion while you can mention about returning his investment amount .


Real Soul.... (LEGAL)     17 March 2023

You have been ditched badly but it is strange you trusted a person who had soured the relation, if that was so why did not reduced your deal in an agreement. Anyways now you have to be strategic and force him to fulfil the commitment;   you send him legal notice through his boss mention everything therein, you should also file for maintenance at the very first place and claim maintenance for yourself and your child. Meanwhile make the balance sheet from a charted accountant and see how much you have paid and through which accounts.

Inform bank about the matter and seek their cooperation to pressurize him to deposit future EMIS or get the property relinquished.

Pressurize him using his weaknesses, his friends his relatives the society.  

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