If you are stuck in such a situation, here is what to do.

Ms. Anjali and Mr. Vikram, a couple residing in the city of Aravalli Nagar, have been married for a few years. Both are professionals with successful careers and stable incomes. They decided to invest in their future by purchasing a home together. However, as the date for signing the property papers and finalizing the home loan approached, Anjali found herself in a state of deep uncertainty. Her hesitation stemmed not from the financial aspect of the purchase, but from the deteriorating state of her marriage. Vikram has a history of severe anger issues, often leading to distressing verbal altercations over minor disagreements. Despite the recurring conflicts, there have been no concrete steps towards reconciliation or seeking professional help like therapy. Anjali fears that entering into a significant joint financial commitment like a house could create irreversible complications, especially if their relationship were to end in separation or divorce. She is torn between the dream of owning a home and the practical fear of being legally and financially entangled in a property amidst a volatile marriage.

Advice in such cases

Navigating a major financial decision like buying property within a strained relationship requires careful consideration and strategic planning. Here is some general advice:

• Pause and Re-evaluate: Do not rush into signing any legal documents under emotional pressure. Take a step back to assess the long-term implications of this investment on your personal and financial well-being.
• Understand Legal Ownership: In a joint purchase, both parties are typically considered equal owners unless specified otherwise in the sale deed. This means both have equal rights and liabilities, including the loan repayment.
• Document Contributions: Regardless of the ownership structure, it is vital to maintain meticulous records of who contributes how much towards the down payment, registration, EMIs, and other related expenses. This documentation can be crucial in case of a future dispute.
• Consider a Co-ownership Agreement: You can have a separate legal agreement drafted that clearly outlines the share of each party, their responsibilities towards the loan, and the course of action if one party wants to sell their share or in the event of a divorce.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Property disputes in a marriage are primarily governed by civil laws. The key statutes include:

• The Transfer of Property Act, 1882: This Act governs the principles of property transfer and co-ownership in India. It lays down the rights and liabilities of joint owners.
• Personal Laws (e.g., The Hindu Marriage Act, 1955; The Special Marriage Act, 1954): During divorce proceedings, the division of property is decided by the family court. The court does not automatically divide joint property 50-50. It considers various factors, including the financial contribution of each spouse towards the acquisition of the property.
• The Protection of Women from Domestic Violence Act, 2005: This Act is crucial as it provides the right to reside in a “shared household.” This means that a wife cannot be evicted from the marital home, even if she is not a legal owner, during the course of the relationship and legal proceedings. Verbal and emotional abuse, as mentioned in the scenario, fall under the definition of domestic violence.

If you are the complainant

If you are the spouse who is hesitant and concerned about the joint investment, you should take the following steps:

• Communicate Your Concerns: Clearly and calmly express your apprehensions to your spouse. It is better to have a difficult conversation now than to face a complex legal battle later. Suggest pausing the process until you are both on the same page.
• Gather Financial Proof: Keep all records of your income, savings, and any financial contributions you have made or are planning to make towards the property.
• Do Not Sign Under Duress: Never sign any property or loan documents under emotional, financial, or any other form of pressure. A signature on these documents is a binding legal commitment.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are in an abusive or strained relationship and facing pressure to invest jointly, your priority should be your safety and financial security.

• Recognize Your Rights: Under the Protection of Women from Domestic Violence Act, 2005, you have a right to live in the shared household. This right is protected even if the property is in your husband’s name or in the name of his family members.
• Secure Your Finances: Avoid merging your personal savings into a joint account for the property purchase if you are not comfortable. Maintain your financial independence as much as possible.
• Document Everything: Keep a record of abusive incidents, including dates, times, and details. This can be relevant if you need to seek protection under the law in the future.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

A dispute over joint property purchase is a civil matter, and the police have a limited role. They will not intervene in the decision-making process of buying a property. However, their role becomes critical if the situation escalates. If there is an instance of domestic violence, threats, or coercion, you can approach the police. They can register a complaint under the relevant provisions of law, including the Protection of Women from Domestic Violence Act, 2005. For the property dispute itself, the police will advise you to approach the civil or family court for resolution.

FAQs people normally have

• What happens to a jointly owned house in a divorce?
  In a divorce, the family court decides the fate of the joint property. It can order the property to be sold and the proceeds divided, or allow one spouse to buy out the other’s share. The division is based on the proven contribution of each party, not necessarily 50-50.
• Can my spouse force me to sell our joint property?
  No, one co-owner cannot unilaterally sell the entire property. The consent of all co-owners is required. If there is a disagreement, one party may have to file a suit for partition in a civil court to get their share separated.
• What if I paid for the down payment but the EMIs are from a joint account?
  This is where documentation is key. You must be able to prove your specific contribution with bank statements and other records. The court will consider all such evidence when deciding the division of the asset.
• If I don’t contribute financially, will I have any rights to the house?
  Even if you do not contribute financially, you have the right to reside in it as a “shared household” under the DV Act, 2005, as long as you are married. However, claiming an ownership stake during a divorce without proof of financial contribution is very difficult.

What evidence is required?

To establish your claim or share in a property dispute, the following evidence is crucial:

• The registered Sale Deed or Agreement to Sell, which mentions the names of the owners.
• Bank account statements showing the transfer of funds for the down payment.
• Loan sanction letters and account statements showing EMI deductions.
• Any written agreement or communication (emails, messages) between the spouses regarding the property purchase and their respective shares.
• Receipts for payments made for stamp duty, registration, interiors, and maintenance.

How long will the investigation take?

This is a civil dispute, not a criminal one, so there is no “investigation” in the police sense. The resolution of a property dispute in court is a judicial process. If the matter is contested during a divorce, it can be a lengthy process, potentially taking several years to reach a final decision in the family court. However, matters can be resolved much faster if the couple opts for mediation or reaches a mutual settlement regarding the division of assets.

Advocate Sudhir Rao, Supreme Court of India