Divorce is a crucial step in an individual’s life and this may leave you overwhelmed and hopeless. There are a lot of aspects you need to take care of, like the division of property or children’s custody. In India, during a divorce, there is no legal provision pertaining to the division of property. Thus, unless the divorce is contested, it is better to decide on the division of property and funds related matters by considering the following possibilities.
A wife has no right over such property, and she can stake a claim if she is a joint property owner or has contributed to its purchase and can prove it.
If the wife & husband are joint property owners and loan co-applicants-
• Both can sell the house and also divide the amount equally after the repayment of a loan.
• One partner can get the home loan transferred in his/her name and is then accountable for repaying the loan. He/she can clear up the other person’s contribution and get the title transferred to his or her name. In such a case, an individual must also take into account the stamp duty as well as registration cost.
• In case, one partner stops paying the EMI, then the responsibility of repaying the home loan will lie with the other partner. In such a situation, the loan can be refinanced and ownership transferred to an individual paying the loan after settling out the other partner’s share.
If a wife or husband is a single applicant and owner-
In such a situation, the house belongs to the owner and the responsibility of repaying the home loan lies with the partner who has taken it.
If a husband has taken the loan, but the title is in the wife’s name-
• The wife will be considered as the legal owner, but if the husband can prove he paid the entire loan for the house, he can stake a claim to it.
• If the wife did not contribute anything to the house’s purchase, she cannot stake a claim to the house or to the division of property.
• The non-applicant wife can get the loan transferred in her name and take the ownership of the property, but after settling the amount paid by the husband.