Questions & Answers
Property division in divorce
Question about property division in Dubai after divorce:
My husband divorced with his ex-wife. During their marriage, he bought property office unit (he paid money to buy it and he still paying for maintaining from his pocket) and gifted it to her. Now they divorced, can he get his half? What is Dubai law rules?
They are in court proceedings for the property division in Russia, in case if he can agree with her to sign this unit under his name, is it acceptable for Dubai? What documents does he need to show here in order to do property registration back to his name?
If divorce proceedings take place in Russia than the property division shall be regulated by the Family Code of the Russian Federation.
According to its provisions, the spouses' shares shall be recognized as equal, unless otherwise is stipulated by the contract concluded between the spouses. Thus it is possible to either get half of the property back or make an agreement transferring the ownership to your husband.
In case of the former spouses being able to reach an agreement, it is necessary to come to Dubai and make a sale contract specifying the market value of the office unit to be able to change the property registration within the Dubai Land Department. There must also be an acknowledgement from the ex-wife that she had got her money. Your husband will have to pay 4% registration fee. The required documents are:
- Original Purchase Agreement and a copy,
- Original Passport and a copy for Buyer and Seller, including Visa copy (Residence or Visit),
- Proof of Ownership (Title Deed or Oqood) and a copy.
If a power of attorney is available, it should be legalized in Arabic (English/Arabic) (a copy is also needed).
Our lawyers are well experienced in both Russian and UAE divorce and asset division procedures and we welcome you to our office to be provided with further information.
