Property Sharing

3 years ago

Hi, I bought a new flat in 2018, Since i had applied for a housing loan, the bank made it mandatory to add my spouse name as a co applicant in the forms also the Property agreement shows us as Co Allottees. All the the down payment was made by me, Loan is in my name, I pay the EMIS/ Property Tax/ Society TAX.

Now we are planning for divorce, iwant to retain 100% ownership of the flat as it is my hard earned money of 10 yrs which i had invested. Also my wife has a secured job with good earnings, I have lost my job in COVID crises where my company closed down and am currently jobless hence the need for money.

Can my wife claim share in the property?

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Kishan Dutt Kalaskar

Responded 3 years ago

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A.It all depends upon your consent. Without your consent your property cannot be given to her.
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Srinivasa Prasad

Responded 3 years ago

A.It needs to be proved that, her name is added in the agreement as co allotted only and she does not have any right, title or interest in and over the property, and that, you have to prove that, the entire payment is made by you with proofs.
She may demand for compensation, there are chances, you need to be careful while dealing with her.

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Jagannath S Pawar

Responded 3 years ago

A.If she is co owner, she has right to demand share. However you can resist her claim in appropriate Courts in maintenance matter and in civil Court too citing your own contribution towards the consideration of flat premises and her employment for denying maintenance, if ever demanded by her. Thanks

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