1.  Since your husband is not ready either to divorce or to live separately, please be straight forward with him and convey your decision of not to be carried further as co-applicant.

2.  Also, you can find out a suitable person who can replace you in your place as co-applicant..

3.  Regarding divorce, it's better to convince your husband to agree for Mutual Consent Divorce, which saves time and money. By opting for MCD, custody of the children, assets, visitation rights, etc., can be amicably resolved.

Unless and until loan is repaid bank may not agree to remove your name 

2) file for divorce and seek interim maintenance and alimony from husband 

3) seek sole custody of child 

4) seek orders to direct husband to remove your name as co applicant for loan taken by him and mother in law 

You have to file for contested divorce if husband is not ready for divorce by mutual consent 

If your name is appearing in the deed of conveyance as co owner then unless you make a deed of gift or deed of transfer in her name or his name ( which requires their consent ) you continue to be its co owner.

Remaining as co owner of the property, at least, on paper is not of any adverse impact on you. 

- Only after the divorce , then bank may consider the application for removing your name from the array of parties of the loan 

- If your husband is not ready for mutual divorce , then you can file a contested divorce petition before the family court on the ground of cruelty and separation of 7 years for getting divorce. 

- Further , with the said petition of divorce, you can also claim maintenance and alimony from him legally. 

- Further , if your son is wanted to live with you then your husband will not get custody of the child legally. 

- However , you can send a legal notice to husband for removing the name in the bank. 

Just send the notice to the bank, you were forced to add as co applicant although you have nothing to do with the  loan amount and mortgaged property. 

And you will not be hold liable if any default committed by him. This way bank will take lien on the property and he will have to agree with your conditions. 

Only with the consent of primary borrower, a co-applicant's name can be removed from a loan account. If you are not paying emis, let the bank proceed against husband and property. If you have not pledged any property, there is no need to be worried. 

Dear Client,

Novation means replacing one party in a contract with another, with the consent of all involved parties. Discuss the possibility of novation with the bank or financial institution that provided the loan. Explain your situation and request the removal of your name from the loan agreement. Since your husband is not willing to cooperate, you can seek legal recourse through the family court. File a petition requesting the court to direct your husband to cooperate in the novation process or to release you from the loan liability. You can also seek maintenance for yourself and your child which can help you manage your financial needs. In the mean time you can also explore other financial support options, such as government welfare schemes or NGOs that support single mothers. This can help you manage your immediate financial needs. Should you require any further clarification, please do not hesitate to contact us.

co-applicant can initiate the removal of their name from a loan, but this typically requires the consent of all parties involved, including the primary applicant and the lender. The lender will also need to assess whether the remaining applicant(s) can handle the loan responsibility on their own.
Divorce or Separation: This is one of the most common reasons for wanting to remove a co-applicant's name. The individual retaining the property will want to refinance the loan solely in their name.
Review Your Loan Agreement: Start by reviewing your original loan agreement. This document usually outlines the terms regarding changes in the guarantorship or co-applicant status. Understanding these terms will provide a clear guideline on the possibilities and legal standing for making such a change.
Contact Your Lender: Your next step should be to contact your lender. You’ll need to discuss your intention and the reason for removing a co-applicant’s name. This is critical as lenders typically need to assess the remaining applicant's financial capability to sustain the loan independently.

It is thus advisable that you come out of this liability amicably on mutually agreed conditions which will include divorce. 

If he is not agreeing for mutual consent divorce then you can file a contested divorce case on the grounds of cruelty and desertion. 

This will also help you to get relieved of loan liability.