Divorce Rising? Here’s How Couples Can Exit Joint Home Loans In India

A Bengaluru case in 28 April 2025 ruling of the Bengaluru Urban II Additional District Consumer Commission, which held the Peenya sub-registrar liable for issuing a faulty encumbrance certificate, showing how incorrect property records can block clean exit from joint home loans.

A question now troubles many households that once shared a mortgage: what is the correct legal method to exit a joint home loan after a breakup. The concern intensified after a March 2023 credit report, based on RBI numbers and published by Housing.com, showed residential housing loans forming 14.2 percent of total bank advances. Higher borrowing has created more requests for exit, more disputes over ownership share and more scrutiny of loan documents.

This makes it necessary to understand how couples must approach both the loan file and the property record.

What Are the Rules for Joint Loans During Divorce?

A joint home loan binds both borrowers to the full debt, regardless of who pays the EMIs. Property ownership works differently: the title deed determines the ownership share.

Read More – What to Know Before Co-applying for a Home Loan in India

A legal expert quoted in a Hindustan Times report (24 November 2025) emphasised that:

• Even if one partner has paid more EMIs,
• A 50-50 title deed remains 50-50
• Unless there is a written agreement stating another split.

This mismatch between financial contribution and legal ownership is behind many court petitions in 2024 and 2025.

Before comparing this development with older coverage, it helps to examine official credit data.

This rise in housing credit explains why family courts and banks face regular requests for co-borrower removal, which leads into how earlier reporting shaped public understanding.

How Banks And Government Responded In Earlier Years

Between 2019 and 2021, and continuing through 2024–2025, certain requirements remained consistent:

• Banks often insisted on refinancing if the remaining borrower’s income could not support the loan alone.
• Registrars required a fully executed release deed before changing property records.
• Courts repeatedly clarified that unequal EMI payments do not alter ownership without legal documentation.

A related point surfaced in the 24 November 2025 Hindustan Times report. When one co owner continues to live in the house, rent is not automatically payable to the partner who moves out. Lawyers stated that rent is considered only if one co-owner blocks access. Many earlier articles ignored this issue, even though it affects settlement terms.

This brings focus to broader trends in borrower behaviour. Loansjagat, in a 2025 update, stated that more than 1 million applications and 2000 crore rupees in loans had passed through the portal. The scale reflects how many joint borrowers seek guidance on separation-linked restructuring.

Additional Practical Points Couples Must Know

Banks May Decline Novation

Even if both partners agree to remove one name from the loan, the bank can still refuse. Banks decline novation when the remaining borrower’s income is not strong enough, the credit score is low, the property value has reduced or the repayment history is weak. Banks treat this as a fresh risk check, not a simple form update.

Refinancing Changes Interest and Costs

If the bank asks for refinancing, the new loan may have a different interest rate. There can also be processing fees, valuation charges and fresh documentation costs. Refinancing is treated as a new loan, so the overall cost may change.

Registrar and Municipal Formalities

Even after the bank agrees to remove one co-borrower, the property records must also be updated. This usually needs:

• A registered Release Deed or Gift Deed
• Updated Encumbrance Certificate (EC)
• Change in khata / municipal records
• Update in housing-society records, if any

Stamp Duty Applies

Release deeds and gift deeds require stamp duty, which differs from state to state. Some states give a concession between spouses, but divorce-related transfers may still attract regular duty.

Documentation Checklist

For the Bank

• Application for co-borrower removal
• Income proof of remaining borrower
• Updated credit report
• Divorce settlement or mutual separation terms
• No-objection letter from the exiting borrower
• Property valuation (bank may order this)
• New loan agreement (if refinancing)

For the Registrar / Property Records

• Registered Release Deed or Gift Deed
• Updated Encumbrance Certificate
• PAN + ID proof of both parties
• Updated khata / property tax record
• Housing-society transfer or NOC, if required

Also Read – Kerala’s New Home Protection Law

What This Means For Couples Now?

A clean exit from a joint home loan requires two aligned actions:

1. Bank-level correction: The lender must formally release one borrower’s name.
2. Property-level correction: The registrar must update the title deed with a release deed or transfer deed.

Supporting agreements, such as documents recording who paid what, are helpful, but they do not override the title deed.

A separation or divorce settlement works smoothly only when loan records and ownership records match.

Conclusion 

A surge in joint borrowing and rising marital separations has made home loan exits a technical process rather than an informal decision. 

The current pattern shows that legal documents, bank approvals and government records must align before a couple can truly divide responsibility and protect individual share after divorce.