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rick watson   04 February 2016

Joint property post divorce

hi, my wife seeked for divorce 4 years back and we agreed to part mutually. 1-2 years prior to our divorce we had bought a flat jointly, for which i did 100% payment with no support from wife. 

there is no mention of property or claim in our divorce settlement, however, now, im stuck with my ex-wifes name on property and i wanted a settlement on this. 

what are my choices as ex now seems to have diferent intentions and is delaying to process to sign release deed.

i could also use a counsel in this mattter and seek professional help. property is registered in thane, mumbai. 



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     04 February 2016

To get your ex-wife name removed from the property you either make her to agree by taking nominal amount for signing release deed otherwise if you seek the same through judicial process, it will be time consuming and the most probable outcome will be either to give her half the present market price of the property for getting the release deed signed, yes you can always state your 100% contribution in buying the property but the ex-wife can argue her contribution in the property by cutting her domestic expenses for you to buy the property that otherwise she would have equally enjoyed thse during the existing marriage hence her contribution is as good as half the cost of the property.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 February 2016

1) Agreed with the expert opinion above.  She may take many such contentions.

 

2) Better discuss with her and amicably settle by giving some amount mutually agreed upon instead of again entering into long drawn expensive legal battle.


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