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The legal position of a partner without marriage upon splitting up

Good Morning,

My partner of 15 years and I are splitting up. In 2013, we purchased our Dubai apartment. My partner paid for it in full in cash at the time. We lived in it for 6+ months each year. We are both British.

My partner is currently applying for UAE residency. He is now refusing me access to the apartment and is packing up my clothes to have them shipped to me. He has also taken me off his UAE will.

He’s perfectly entitled to do that, however, please advise what my legal position is regarding the apartment as we are joint owners on the title deed?

Many thanks,

Khaled Mahmoud Shibl

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)

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1 Aug 2021, 07:47

Good Morning,

We need to know that where the divorce has been filed (if at all it is filed)? As he has not included you in the will, however, you can place the execution of the divorce order and plea for maintenance in any of the UAE courts.

However, hopefully, if you are earning and if you have children, then the court will decide the compensation and division of the property (if any). However, it depends on the maintenance suit or order, if you have.

Kindly contact us via phone or email for further assistance.

1 Aug 2021, 07:55

Hi,

There is no divorce. We were never married, just lived together for 15 years. We have had our apartment in Dubai since 2013.

My partner is wishing to stay in the apartment and not give me access. We did have wills that passed over our shares to the other on death, however, he recently changed his so that his share would go to his family.

Do I have any legal right to anything - access or money due to giving up my share?

1 Aug 2021, 08:44

Hello,

As there is no legal marriage contract, the courts here in UAE may not consider your legal rights as a partner.

However, as you are the titleholder of the property, you have the full right to the property as 50% owner or as per the title deed.

We have to check the title deed and your husband can not sell without your signature or authority.

Please contact us for further discussions!

1 Aug 2021, 11:25

Thank you so much!

I’ll be in contact.

2 Aug 2021, 08:52

OK, noted!