Bank would not remove your name as co applicant without your ex husband consent
you are co owner of flat and equally liable to repay the home loan
you have not mention what are clauses in your divorce decree regarding joint property
Need to remove my name from loan with ex husband
Me and my ex-husband brought a property together and I was co applicant for that homeloan in 2015. Post 2016 things went worst and we ended up in divorce however it was made in his favour with giving my lawyer some money in 2020. I got remarried in 2021 and now when I checked my civil score the previous loan I got with ex-husband is still reflecting under my cibil even though all the emi's are paid by him. Need guidance on how can I get myself removed from this loan as applicant as this is causing me problem in my current marriage
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
You can apply to bank and do it
1. In immovable property matters, mutual consent signatures of both parties will be required to remove /delete names from Loan Records .... wherein one of the party will have to file undertaking to pay any pending loans etc....
Keep Smiling .... Hemant Agarwal
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Until and unless the home loan is fully discharged your name as a co borrower will continue to appear in the cibil records.
You can talk to your ex and get the matter sorted out through bank by arranging for another surety or borrower to get you relieved from this loan mentioning your divorce.
If the bank is not cooperating then you may have to wait until the home loan is fully repaid.
It is stated that all the EMIs are paid by him, if that means loan is closed, submit an application to the bank to clear your name from loan account releasing you from all liabilities enclosing decree of dissolution of marriage. Also mark a copy of application to cibil authority. If the bank did not oblige you can file a complaint in District Consumer Commission, under new Consumer Protection Act, 2019 proceedings are fast. Commission will give direction to bank and cibil. You will get compensation for mental harassment, cost of complaint and lawyer's fee.
If your ex husband is in possession of that property for which you was also an applicant , then you can move an application before the said bank with the copy of the divorce decree and thereby request for the removal of your name .
- Since, you are now no related to him , then the bank may correspond him before removing your name , however it is the duty of bank to inform him for the same.
- If refused , then you can lodge compliant before the banking ombudsman.
Dear Client,
As per the circumstances presented by you, in order to get your name off a home loan with liability shared by both you and ex-husband, you may contact the lender of the loan and request them for a novation to erase your name from the previous homeloan agreement by giving reasons and producing documents to support your reasons to get your name off the loan. Apart from this, you may also refinance the balance loan amount, which is a home loan balance transfer.
Thanks & Regards
