Divorce
2 weeks ago
I am thinking for taking divorce from my husband due to many issues faced in my marriage. But we own a house together in both names. What happens with that house as I have also invested money in that property. It’s currently under home loan and husband is trying it difficult to pay the loan. Sometimes I pay the home loan and mostly he pays but it’s a very irregular payment.
Hence my mom offered help that she will pay off the loan provided my husband’s shares are transferred under her name. And we can continue to stay there.
My husband has never supported me financially and/or emotionally. He even has a habit of taking lot of personal loans for betting etc which I came to know after few years of marriage. Now his behaviour is very aggressive and during our fights sometimes he hits me.
Hence I am thinking of legal separation but worried about the money invested in the house as currently I have no job or savings.
Until and unless the bank loan is repaid or written off, both you and your husband can not claim its ownership. A secured or mortgage property cannot be a subject matter of transfer of its ownership/title to other names. As regards your mom's offer to help you in repayment of a bank loan, the possibility of refusal by your husband to execute a Deed of Relinquishment giving up his share in a jointly owned property can not be ruled out. In a jointly owned property, both owners possess an equal share of the property. The share or percentage of financial contribution to own the property is not considered as a determining factor of each owner in a jointly owned property while it is registered in the joint name. Being a co-owner you cannot force your husband to relinquish his share in the property to the co-owner. If there is no possibility and no scope of mutual consent divorce, your sister can file a one-sided/contested divorce petition before the District Court/Family Court praying for a decree of divorce and maintenance or alimony from the husband. Since grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings, it is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's current value. Further, each spouse will get the property based on their share of the purchase price and accordingly will also be liable to pay back the loan.
Hope it helps.
Thank you.
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