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Q.

How to sell the flat in joint name after divorce and change the name?

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Hi,

Due to the fact that it is a single undivided unit, selling an apartment in a joint name requires the approval of both parties and/or a court order. If you recently filed for a divorce, it depends on the relief you asked for in relation to your apartment, which is in your joint name, and in your petition. As an alternative, you can file a Partition Suit and request relief in relation to selling the apartment mentioned, in which case you both would split the sale earnings.

The best thing to do if your divorce is still pending is to get your name changed while the divorce is still being processed. In the divorce documents or even in your marital settlement agreement, you might ask for a formal name change. Your new name will be reflected in the divorce decree or order if the judge signs the final divorce decree or order approving your legal name change.

If the restoration of your former name was not addressed in your divorce order, you will need to submit an application for a name change to a gazette. Even though you might formally resume using your maiden name, the law forces you to change it through a formal process.

I hope I was able to help you.

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