Questions & Answers
Questions & Answers
6 available 6 • View allProperty division in divorce
4
Q: 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?

Jul 12, 2016
4992
Divorce and division of assets in the UAE
10
Q: Hi,
I am currently negotiating a divorce with my wife who is a Russian National. We got married in 2013 in Moscow ZAGs (Registry).
I would like to know more about the division of assets upon divorce and what the correct procedures are, as I am in a deadlock with her negotiating.
We bought a property in the UAE and both contributed equally towards the down payment. However, moving forward, all mortgage payments were made by me.
I am trying to make an agreed settlement with my wife, however, she is asking more than what I feel is fair and equal. If I was to sell the property we would both end up with less.
In fact, she will end up with significantly less than what I am offering her. I would like to speak to someone with regards to the divorce proceedings and what the correct procedure is.
Jul 13, 2016
7358
Divorce proceedings and asset distribution for expats in the UAE

1
Q: Good day,
I am a South African citizen married to a Romanian citizen under the Romanian law. [We were married in the Romanian embassy in Qatar and issued a Romanian marriage certificate.]
We are residents of the UAE since 2006. Each of us has worked under own company sponsorship. Our marriage has now come to an end.
I wish to have the divorce proceedings taking place here in the UAE although I am certain that my wife wishes to have it done in Romania.
We have assets both in Abu Dhabi and Romania. Two properties each in both countries fully paid off.
Will it be possible to start the divorce proceedings from my side here in the UAE (Abu Dhabi) even if she is unwilling to do so?
Many thanks,
Marius Strydom


Aug 26, 2018
1351
The status of a jointly bought property upon divorce


0
Q: I am an Indian woman who was under my husband's sponsorship in Dubai. We had purchased an apartment in 2017 which is still under construction - in our joint names (50-50).
The builder was supposed to give it by end of 2018, but it is still not ready. 60% of the payment needs to be done at the time of handover. We have the Oqood certificate.
Now, we have decided to get divorced in India. I had given money towards the property's initial installments.



May 22, 2021
418
The rights of the wife in co-owned property in case of divorce

0
Q: Hello,
My husband and I are Indian Muslims living in Dubai for 20 years. We have two children (minor) and we got married in India.
He has been cheating on me with other women and now I plan to get a divorce from him. Half his properties are in my name which he had paid for and he has rented them now.
I would like to know what are my rights financially as per Sharia law if I decide to claim those properties as I know he will not give me much if I let go of this as I don't have any other support.


Aug 8, 2021
799
Transferring property ownership to avoid higher support payments upon divorce



2
Q: Dear Lawyers,
My wife has filed an appeal after the court earlier rejected her divorce request. Please note that she left the marital home without my permission.
In her appeal, she is requesting higher marital support payments, pointing to my ownership of a flat in the UAE from which I earn rental income.
She has provided property documents showing the flat is under my name and is asking the court to consider this in addition to my salary.
I am considering transferring the property to my mother's name to prevent her from monitoring it in the future and making any further claims.
Will it be useful to transfer the property to my mother's name at this stage?
I will contact whose advice appears most suitable for a detailed discussion.




Jul 10, 2024
52
Laws & Regulations
2 available 2 • View allLaw No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai 1
This Law sets the rules and procedures for registration of real property in Dubai. The right to own real property in Dubai is restricted to UAE and GCC nationals, to companies fully owned by these and to public joint stock companies. Freehold ownership by non-UAE nationals may be approved by the Ruler in certain areas.
Mar 13, 2006
3727
Federal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
Nov 19, 2005
49051

Other answers by
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
403
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
337
Is it possible to apply a will issued in South Africa in the UAE? 0
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
457
How to access the bank account of my son who passed away recently? 0
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
356
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
265

Premium
Other answers by
26 26 answers •
View allThe rights of an employee who works for another employer upon terminating him 0
Hello sir,
We have an employee who was under probation period on a limited contract and with our company visa. The performance is poor and it is found that he is working for another company (his old work) while working with us.
So the management decided to terminate the contract. Apart from the salary, do we have to pay his ticket fare?
May 25, 2021
309
How long will it take to get settlement from a company? 0
As-salam Alaikum,
My labor execution case number is {.....}. Al Adheed center asked me to get back after 21 days. More than 21 days are completed, but they are still asking me to wait till June 01.
It is still in process. I need to know how long will it take to get my settlement from the company?
Kindly advise me!
Thanks & Regards,
May 9, 2021
1027
What is the required notice period for the landlord to evict the tenant? 0
I recently purchased a property in Springs which is rented till September. I need legal advice on the procedure to send an eviction notice to my tenant as I need to occupy the property for personal use.
As far as I read in the RERA legislation Page 108-110, Article (25) - Section - 2, if the landlord wants to occupy the property for personal use, 90 days notice is sufficient.
But the tenant insists to have a 12-month notice. What are my options and is it possible to send a legal notice to the tenant to vacate the premises at the end of the rent contract?
Kindly advise
Jun 15, 2022
3710
How to claim compensation from a developer for delay in handover 0
Greetings,
The property was supposed to be delivered in June 2018 and is still not delivered. If they actually deliver by June 2021, what are my rights to the compensation?
At the time of purchase, it was a 50-50 payment plan. I paid the 50% at the time of purchase and in September 2019 they came back to me with an offer of a discount of 16% in the final settlement amount.
I accepted and paid the remaining amount as well. Therefore as of September 2019, I have paid 100% of the property value.
With all the financial challenges the delay has brought me into, I want to know what compensation is my right as I am assuming they will not be offering anything or if they do they might offer some waiver in service charges (for 1 or 2 years).
And I am worried if they give this waiver of service charges to everyone, will the property be actually taken care of or no?
Apr 11, 2021
1271
Would a promotion offered with less salary be considered constructive dismissal? 0
Hello,
I am originally from the UK and relocated to Dubai in 2004 when my company established a new office.
I originally joined the same company in 2001, based in the London office. Since then, I have grown with the organization and am in a middle management role.
Recently, the company announced they would downsize the Dubai office, and affected staff would be offered to relocate back to an office in their home country (India) or to the new office being established in Spain.
I have been advised that my present role will be made redundant in Dubai but have been offered a new role in Spain. The new role is seen as a promotion but there are little to no benefits and it's a major drop in salary (basic salary would drop by 40%).
There are no additional allowances. Currently, I receive basic salary + allowances.
I have been in the UAE since 2004 and my options appear to be limited to accept redundancy or a new role with a significant drop in salary. Would this be considered constructive dismissal?
Apr 5, 2021
581
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