Q: My husband and I are Indian Muslims. He has been cheating on me. Plan to get a divorce. Half his properties are in my name. He has rented them. What are my rights… A: If your name is there in the title deed, you are the co-owner of the property and have your share. You can approach Dubai Courts…

Dubai, UAE

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The rights of the wife in co-owned property in case of divorce

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.

Samira Al Zarooni

Samira Alzarooni Advocates and Legal Consultants

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7 Aug 2021, 11:29

If your name is there in the title deed, you are the co-owner of the property and have your share. In case he does not provide you, you can approach Dubai Courts.

We can assist you with initiating a divorce case in Dubai Personal Status Courts.

Reach us on the phone.

7 Aug 2021, 11:39

Thank you for letting me know this.

Kindly let me know, how much should my share be in this, and if these properties are rented, am I entitled to get some amount from the rent?

We gave each other power of attorney and at the moment he is managing all the properties and keeping the rent.

7 Aug 2021, 12:15

Based on your share amount in the Title Deed, you should divide the rent.

7 Aug 2021, 14:33

Do you suggest an arbitration process in my case or should I go to court?

8 Aug 2021, 05:10

Are you and him (both parties) in Dubai?

8 Aug 2021, 17:08

Yes we both are here.

9 Aug 2021, 06:10

You should go through court. The court shall itself try for an amicable settlement first and then transfer the case to court.

Kindly contact us via phone for further information.

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Sunil Ambalavelil

Colin Biggers & Paisley Lawyers (Middle East)

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8 Aug 2021, 05:42

Dear Questioner,

If you are the co-owner of the properties as per the title deed and Sale and Purchase Agreement, you are entitled to receive your percentage of the rent.

You can file a case against him if he does not provide you with your share of the rent.

Please contact us on the phone or write to us an email for detailed discussion and assistance.

Thanks

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