Can I send a legal notice for my wife’s share of loan?

My wife and I have been separated for over 2 years. She has filed for divorce and a Domestic Violence (DV) case. We have two properties in joint ownership and home loans in both our names. I have been paying all the EMIs since 2012. However, now that we are separated, can I send her a legal notice to start paying her share, as we are co-applicants for the loans? Also, can I file for recovery of the amount she should have paid, at least from the time we separated?

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Advocate By LEAD INDIA Answered: 04 Mar 2025

You can send your wife a legal notice to pay her share of the home loan EMIs since you are co-applicants. As co-owners and joint borrowers, both parties are responsible for the loan. You can also file a recovery suit to claim the amount she should have paid from the time of separation. For further legal assistance contact us on our helpline number.
 

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