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Wife isn't allowing to sell the flat


Wife isn't allowing to sell the flat

Last updated: June 10 2020
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  • Wife isn't allowing to sell the flat

    I have purchased a flat in 2017 and added my wife as co owner. My wife is housewife and she is not working. My dad paid the 20% down payment of my flat and I am paying the EMI from 2017. Now we have big disputes and my wife is threatening me that she will take everything from me. I want to sell the flat because she wi take the benefits of it in future. She is harassing me to force me for filing contested divorce. This way she can demand more by showing that she is innocent. My priority is to sell off the flat because I am having burden of paying off the EMI.
    What is the legal way to sell the flat in my case?
    Can my father play any role in this as he had paid 20% amount of the flat?
    Can I sell the flat without my wife consent?
  • #2


    Re : Wife isn't allowing to sell the flat

    As far as I know, both of you will remain, joint owners of the property, even after the divorce as the property is jointly owned by both of you and divorce will not change ownership status of the property. Co-Owner is the person who has a share in the property i.e. rights in the property. A co-owner of property can be co-applicant in Home Loan. It is not necessary that co-applicant of Home Loan is co-owner of the property.

    You need to settle this mutually in order to sell the flat and you will not be legally able to sell it without your wife's consent. Your Father making the initial down payment won't have any effect on the ownership.

    Best would be to mutually settle this your wife and try settling it before you formally head for a divorce.
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