Q: I have been divorced since few months and have now found that my ex-wife and my children have been staying with her family… A: It is better to advise the court to reduce the amount and not waving it as she is sharing accommodation with family. The court will not accept waving the amount…

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Reducing the rent paid to the ex-wife because she is staying with her family

Hi,

I have been divorced since few months and have now found that my ex-wife and my children have been staying with her family. I am already paying her yearly rent which she decided to save and stay with her family.

Can this be challenged in court? or do I need to wait for one-year completion of the divorce?

The judgment only says to pay rent and doesn't mention sharing or moving with family.

Thanks

Mohamed Noureldin

Nour Attorneys & Legal Consultants

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5 Jan 2020, 14:26

The best action is first to hold proof of renting the provided unit to others or collecting the rent amount without renting any unit.

It is better to advise the court to reduce the amount and not waving it as she is sharing accommodation with family. The court will not accept waving the amount, also to claim to reduce the amount, you have to let sometime before going to the court.

If you are already paying rent to the unit, then check if the unit is rented by other people. You may call the police to prove the status of the unit or report to the municipality without alerting your ex-wife.

For legal assistance, kindly contact us via email.

5 Jan 2020, 15:42

Thanks!

I have already made the payment in advance to my ex-wife during the execution. So shall I approach the police to investigate the matter?

As she should be staying with kids in a separate house.

5 Jan 2020, 15:48

You don't call the police directly if she did not rent a unit. A police case can only be filed if you rented a unit.

5 Jan 2020, 15:50

Noted. So the option is to directly approach the court and ask them to investigate and question her?

I appreciate your response.

Thanks!

5 Jan 2020, 15:56

No, this matter depends on the merits of the case and you have to have a legal preparation for this matter to prove such allegations on-court (this shall stand as an allegation to the court till you provide proof; either email, witness, police report, etc) to convince the court.

The smart move is to wait till renewal but, by this time, you shall have already prepared your case to reduce the old amount and pay less for the new rent, and maybe pay nothing for the new year.

5 Jan 2020, 16:39

Thanks!

I have emailed you.

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