Kavitha Menon (Others) 05 September 2012

Request: process to take off spouse's name from flat

Dear Lawyers:

I'm heading for a contested divorce, and I want to remove my husband's name from the flat registration. Me and my father financed for this flat. I'm the main applicant. EMIs run from by bank a/c. My bank statements can prove all of this.

I added my husband's name during the registraion only because he was my husband. Now,he'z not willing to leave this flat. His only contribution toward the property is the PARTIAL EMI.

My divorce lawyer after having gone through my bank staments said that it'll be easy for me to remove his name from the property, and I can be the sole owner. However, I wonder if it's gonna so easy given the fact that he's not going to co-operate to having the house to myself.

Please guide me on this matter.

With much thanks.

Regards,

Kavita

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1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 September 2012

Mrs.Kavitha,

Include the removal of your spouse from the marital property deed as provision in your divorce settlement. Adding this prerequisite in your divorce settlement will legally bind your spouse to remove his interest in the marital property after the divorce. If he lags in signing over his interest in the property, you can file a petition or motion for a court order which forces him to dissolve his interest in the property per the divorce settlement.

Ask your attorney or a local real estate agent for a quit claim deed. A quit claim deed will release your spouse from responsibility and interest in the marital property. Quit claim deeds are most frequently used during divorce settlements in which one spouse requests or is ordered to transfer their interest in the marital property to the other spouse.

Set up a meeting with your lwyer and ask that your spouse attend to sign the quit claim deed. Your lawyer will record the meeting and notarize the form, which will complete the transfer of ownership and absolve your spouse's interest in the property.