We filed for a mutual consent divorce in 2011, and signed an agreement stating we wouldn’t claim maintenance. However, we didn’t discuss our joint property. Recently, my wife asked for 5 lakhs to transfer the property to my name. This property is still under a loan, which I’ve been paying in full. She was originally going to transfer it to me, but now she wants money. What are my options?

Apni Law
Apni Law
Law Forum › Category: Divorce › We filed for a mutual consent divorce in 2011, and signed an agreement stating we wouldn’t claim maintenance. However, we didn’t discuss our joint property. Recently, my wife asked for 5 lakhs to transfer the property to my name. This property is still under a loan, which I’ve been paying in full. She was originally going to transfer it to me, but now she wants money. What are my options?
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Apni Law Staff asked 2 years ago

We filed for a mutual consent divorce in 2011, and signed an agreement stating we wouldn’t claim maintenance. However, we didn’t discuss our joint property. Recently, my wife asked for 5 lakhs to transfer the property to my name. This property is still under a loan, which I’ve been paying in full. She was originally going to transfer it to me, but now she wants money. What are my options?

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Apni Law Staff answered 2 years ago

Based on your agreement, your wife cannot claim maintenance. However, the lack of discussion regarding joint property leaves the matter open. You can either negotiate with her or file a petition for division of property under Section 9 of the Hindu Marriage Act. You should seek legal advice from a lawyer to understand your specific rights and options.

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