Sale of flat/house
meghana
(Querist) 20 June 2018
This query is : Resolved
i and my husband co-own a flat. initially i also contributed for the house as it was my plan to own a house. now i am not contributing anything financially towards the house even though i am working. my husband is the one that has been paying the EMI.
please answer all my questions
Q. if the house is sold on mutual consent, how much share of the money i will get ?
Q. can i be denied any returns by my husband because he is the only one paying EMI ?
Q how to sell the house without any legal issues ?
AKSHANSH SINGHAL
(Expert) 20 June 2018
If the registry is in joint name of you and your husband, registry must have mentioned the share of rights, if nothing is mentioned then it has to be construed as 50-50 % share in the said property. If the aforesaid property is sold then both of you have equal share in the proceeds in the sale of the property irrespective of the fact that EMI is paid by your husband. The Sale of the property would be done by the parties jointly.
meghana
(Querist) 20 June 2018
But my advocate is saying that since my husband is paying the EMI alone I have to pay back the money to my husband and claim my share. It is true ?
Guest
(Expert) 20 June 2018
Your lawyer can be a lier.
meghana
(Querist) 20 June 2018
if my husband does not get his share of investment can he file any case on me like cheat 420 ?
Guest
(Expert) 20 June 2018
What irrelevant questions you are posting, when you have nowhere mentioned whether you or your husband has applied for divorce. If living together, where is the need of filing case for cheating and for what?
Guest
(Expert) 20 June 2018
What irrelevant questions you are posting, when you have nowhere mentioned whether you or your husband has applied for divorce. If living together, where is the need of filing case for cheating and for what?
Kumar Doab
(Expert) 20 June 2018
1st of all address your last question in your 1st query;
The home loan exists so till debt is fully paid to lender house cannot be sold, at all.
Kumar Doab
(Expert) 20 June 2018
The debt can be paid equally by borrower ;you or your spouse ( co-owner), both of you, intended buyer by taking lender in confidence......
The EMI paid so far is your personal matter with your spouse that can be resolved outside the court between both spouses...
Your spouse has a right to claim the expenses incurred/debt paid and approach and this can not be infringed upon. if mater lands up in court of law then court shall decide....
It is same in your case as well...
If possible resolve matter amicably.
Ms.Usha Kapoor
(Expert) 21 June 2018
In Joint ownership or co ownership of husband and wife of Bank loan it is presumed t be 50%:50% each.although wife doesn't contribute much. Registry contain both of your names as Joint owners. If you sell the flat the sale proceeds can be distributed or appropriated equally.
Ms.Usha Kapoor
(Expert) 21 June 2018
In Joint ownership or co ownership of husband and wife of Bank loan it is presumed t be 50%:50% each.although wife doesn't contribute much. Registry contain both of your names as Joint owners. If you sell the flat the sale proceeds can be distributed or appropriated equally.
meghana
(Querist) 21 June 2018
any better response please
Kishor Mehta
(Expert) 21 June 2018
The equitable and valid division of the sale proceeds would be in the proportions of amounts invested by each one of you.
