Sh@ktiiiiii (Employed) 29 January 2016

Wife refuses to pay emi

Me and my wife own a joint property in Mumbai. For past 6 years she paid emi of 25000 (Total emi was 50000) half was paid by me.Now all of a sudden due to reasons known best to her she mentions that she would not pay emis henceforth.

All these years she was not at good terms with my parents who do not even stay with us. They stay in a different city and hardly makes a visit to us.

I know that if we default on EMI both our names would go to CIBIL and impact our credit record.

My name would be there too for no fault of mine.

I have never defaulted on EMI and I am in no intention to bear the full load of EMI since wife is co-owner and further more she always creates a scene so that my parents never feel like coming and staying with us.My parents even helped a lot with down payment and assisted us so we were able to purchase 2 BHK so that we could stay with my parents with comfort and now this.

What shall I do.

Experts Please help

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5 Replies

Santosh Kumar Tiwari (advocate) 30 January 2016

Dear sir, failing to pay EMI is not a family business , bank is involved in this transaction. please approach to the bank immediately otherwise they will take your house also.

Sh@ktiiiiii (Employed) 02 February 2016

I know , Thats why jhak maar ke I am depositing EMI money in the account.

I need to know what legal action can I take here.

How can I compel spouse to pay emi w/o fail.

Wife is also co-borrower.

Gaur Chakroborty (NA) 02 February 2016

Originally posted by : Santosh Kumar Tiwari
	Dear sir, failing to pay EMI is not a family business , bank is involved in this transaction. please approach to the bank immediately otherwise they will take your house also.

What a stupid answer. Mr. Santosh, I think, this is the place for serious people who comes to take help of the experts and then experts who are giving advices, I just hats of to them and very thankful for this platform and other serious people. They are simply doing great by giving their valuable time, advices and support without any charges.

Please if you don't have any proper answer stop spaming the box and be sensible. This is not facebook or whatsapp.

Thnx n rgds

Gaur

Adv Akhtar Ali Sheikh (Property Law Consultant) 02 February 2016

Approach the court for declaration that she is bound to pay. You may consider selling the property through court order or one of you buying the share of the other. Even if you keep on paying she would be entitled to half the share if there is no mention of your respective shares in the purchase deed.

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Sh@ktiiiiii (Employed) 03 February 2016

Thanks for suggestion Mr Sheikh. Yes going to court will be good as my wife says that she will never sign on any document,hence I would not be able to sell it too. If I get court orders who directs her to pay emi or release the property, that would be great.

We have made significantly high payments for this house and my wife has mathematically contributed just 5-6%.

If I buy her half by and then If I sell the property,do I need to pay her 50% of the selling amout I get to my wife?