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Does a wife automatically inherit her husband's share of a jointly owned property?

Dear Lawyers,

If a property is registered in Dubai in the joint names of a husband and wife, does the wife automatically get his share upon the husband's death, or is his share distributed according to his will, which could include other relatives?

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
5 Jul 2024, 10:45

Dear Questioner,

In Dubai, inheritance for property owned jointly by a husband and wife depends on a few factors, including the couple's religion and whether a will exists.

If the couple is non-Muslim, they can choose to have their estate divided according to their home country's inheritance laws (with Dubai court approval) or the UAE's new inheritance law for non-Muslims.

If you need further clarification, kindly share your WhatsApp number.

5 Jul 2024, 10:52

Thank you, sir!

I will contact you if required.

متميز
ليكس ريسولفو للاستشارات
دردشة توظيف
اجتماع
5 Jul 2024, 11:05

The will shall prevail in your case.

However, if there is no will, you will receive your husband's full share.

سكلز للاستشارات القانونية
دردشة
توظيف
اجتماع
5 Jul 2024, 21:15

In the case of joint ownership of property between a husband and wife, the surviving spouse automatically inherits the deceased spouse's share of the property.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
8 Jul 2024, 08:23

Thank you for your question regarding the inheritance of property in Dubai when it is registered jointly in the names of husband and wife.

In Dubai, the distribution of a deceased person's assets, including jointly owned property, is governed by local inheritance laws unless the deceased has a registered will specifying otherwise.

If the husband has a will, his share of the property will be distributed according to the terms of the will, which could include other relatives.

If there is no will, the inheritance will be distributed according to Sharia law, which generally involves division among family members, including the spouse and children.

To provide you with specific advice tailored to your situation and ensure that your interests are fully protected, I recommend scheduling a consultation with me.

Please feel free to contact me through WhatsApp or phone at [-------] to discuss further.

متميز
بدر ليجال كونسولتانتس
دردشة
توظيف
اجتماع
8 Jul 2024, 08:36

No, if the husband passes away, his 50% share will be divided amongst his relatives including his wife according to the inheritance law in UAE.

Safa

Badr Legal Consultants

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
8 Jul 2024, 09:23

In Dubai, the laws governing the inheritance of property are typically based on the principles of Islamic Sharia law.

According to Sharia law, when a husband passes away, his share of jointly owned property would be distributed according to the rules of inheritance outlined in Islamic law.

Generally, in Islamic law, a wife would be entitled to a portion of her deceased husband's estate, including any jointly owned property, but the exact distribution would depend on various factors such as the existence of other heirs, the presence of a will, and the specific circumstances of the case.

If the husband has left a will that specifies how his share of the jointly owned property should be distributed, then the property would be allocated according to the terms of the will.

However, if there is no will, then the property would be divided among the heirs in accordance with Sharia law.

It is advisable for the husband to draft a will that clearly outlines his wishes for the distribution of his assets, including any jointly owned property, in order to ensure that his intentions are carried out after his passing.

It is recommended that you seek legal assistance from a qualified lawyer who is knowledgeable about the relevant laws and regulations regarding property inheritance in order to understand how the distribution of assets would be handled in your specific case.

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