Share of house in the event of divorce
Unhappy Girl
(Querist) 21 June 2012
This query is : Resolved
My husband and I jointly own a house in which my husband is the first owner. The loan for the house is also a joint loan. we have been claiming equal tax deduction on interest on this loan. The EMI is paid mostly equally, though I earn half what my husband earns. My husband's parents and my parents have given some money for the purchase of the house; his parents have given more money.
Now we are considering a divorce as the relationship has become unbearable. Under the new amendment o Marriage act can I claim half ownership to this house? Or will my share be in proportion to what I have invested in the house?
I do not want to ask for any maintenance or compensation from my husband or any kind of settlement other than my fair share in the house.
Pls explain what I may expect in this case.
Shonee Kapoor
(Expert) 21 June 2012
You can not get half the house based on new amendments, which is not a law as yet.
However, being a co-owner you would get half share, you are entitled to half of the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Unhappy Girl
(Querist) 22 June 2012
Am I entitled to half of the property even if the divorce is not by mutual consent? My husband has made it very clear that he doesn't want us to live together, however, he is thinking of contesting the divorce petition as he doesn't want to sell the house. Neither of us are ina position to buy out the other person.
Can you please explain how the division of property happens if the divorce is not by mutual consent?
K.K.Ganguly
(Expert) 22 June 2012
You are already the co-owner hence holding 50% share of the house as owner, Divorce or no Divorce.
In the event of Divorce, you can partition the house having equal share in each side.
Alternatively, you both can jointly sell the house & collect 50% of the consideration each duly mentioning the same in the Deed.
dr g balakrishnan
(Expert) 05 November 2016
you can go for sale of the house and take 50% your share as you pay the EMI equally, you seem have bank documents relevant. you have every right under Art 14 r/w property laws,
Appears your husband is some domineering type, don't relent to him.go for sale of the property as he is not a reasonable man.
when sale is made, make a clause that you shall be paid by the buyer your 50% of the sale price before registration as i think yr husband once getting money in his hands he may not share the money.
