mk (xxx) 23 April 2013

Extra marital affair and property

hi,i find that my husband is having an extra marital affair and carrying on with a lady who is half his age.this is goin on now since 3 years and im a little worried about the security of me and my children.we own a flat (our only asset)which is in joint names of me and my husband and the papers are with the bank as he had taken a loan and most of the installments are paid and d last installment is left what are the steps i should take if i want the papers to be with me.as i had been told i have already given a letter to the bank saying tht to notfy me while releasing the papers..though the bank would call me ,i m afraid tht the papers my husband would only keep..i wanted to know can he take another loan against the papers without informing me as his attitude has been very revengeful..also ,as i tried to ssave this marriage by speaking to tht lady manier times and even my husband ,they just dont seem to stop ..so i need to know as my husband has been cheating awfully on us

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4 Replies

ajay sethi (lawyer) 23 April 2013

1) let your husband pay last installment of flat . since flat is in joint names to create mortgage your consent would be necessary .

2)since you are co owner of flat you cannot be evicted from the house . you have right to stay in shared household . under DV act you can obtain injunction restraining him from creating any thrid party rights in said house .

3) you can if you so desire file for divorce on grounds of cruelty . gather all evidence of extr marital affair .

Reformist !!! (Other) 23 April 2013

This is a repeated query.

Adv k . mahesh (advocate) 23 April 2013

even if you husband takes another loan the papers should have your signature also so dont worry the papers will be with bank and he cannot misuse it

but after completion of existing loan if want to change the papers then dont agree for it

Rajendra K Goyal (Advocate) 23 April 2013

I fully agree with the views of Sh. Ajay Sethi. You may contact your Banker with the request to hand over Title deed of the property to you if you deposit the last installment. Normally the Bank should accept the request and legally it will be in order also. If so happens papers will be with you.