Questions & Answers
The status of a jointly bought property upon divorce
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.
Dear questioner,
You can file a case for termination of the Sale and Purchase Agreement and claim a refund of the money paid along with compensation for the delay.
Please send us a copy of the Sale and Purchase Agreement via email so that we can review the same and give you appropriate legal advice.
You can contact us via phone or email for a detailed discussion and assistance.
Thanks!
Dear questioner,
Pursuant to the query, you have the right to claim compensation for the delayed project if there is a delay.
We need to see your contract to give you proper advice. Usually in the contract, there might be a clause that the developer has the right to delay the project for 1 year of the anticipated date of delivery.
If it is delayed even after that, then you can definitely claim compensation and refund of money. Kindly contact us via phone.
Thank You!
It depends on what you want to do in this situation.
Do you want to keep the property jointly as it is or you want the amount for it and transfer it all under his name?
You can also start the divorce proceedings here if you both have valid residency in the UAE.
Please call or mail us via phone or email for assistance on this.
