Questions & Answers
Questions & Answers
3 available 3 • View allHusband and wife liability for the mortgage payment default of a joint property

0
Q: My husband and I are in the process of purchasing a property in Dubai. The mortgage will be fully paid by my husband. However, we would like the house to be equally owned by both of us.
For that, as a co-owner, I will need to either provide my personal guarantee (tripartite agreement) to the bank or be a co-applicant in the mortgage.
In such situations, if my husband is incapable to pay the instalments in the future, will I be held liable to pay the mortgage?


Oct 5, 2019
639
Filing a case and repossessing the property if the client defaulted on an installment
1
Q: I have a mortgage of 1.3m with a bank. It is a lease and the property is registered on my name. At the moment, I live outside the UAE and cannot sell the property because of COVID-19. There is a 40-day delay with payments - 1.5 installment is due.
The bank sent me information to clear the outstanding amount within 1 day or they will start a police case and repossess the property.
Is a 40-60-day payment delay long enough to start a police case and repossess the property?
What can I do to avoid consequences? I can settle the outstanding amount within 15 days.
I plan to sell the property when the borders get reopened.

Jun 21, 2020
848
Can I terminate property purchase and recover my deposit because it is mortgaged?


0
Q: Hello,
I paid a deposit for a property from the developer, with their own financial plan. I signed a reservation form with this deposit.
However, I found out this property is mortgaged during due diligence, even though they showed me a title deed stating clearly "not mortgaged".
Can I walk away from this transaction and recover my deposit?
Thanks in advance



Aug 8, 2021
384
Laws & Regulations
3 available 3 • 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
3737
Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Feb 14, 2010
5121
Law No. (14) of 2008 Concerning Mortgages in the Emirate of Dubai 0
The provisions of this Law apply to the mortgage of real roperty as security for debt. It makes no difference whether the debt is secured by a charge over the whole of the property or over an undivided interest therein or by right in rem or personal right over a property marked as sold off-plan.
Aug 14, 2008
1858

Premium
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342 342 answers •
View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline? 0
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
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The procedures for filing for divorce on mutual consent 0
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
678
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation? 0
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1276
Can a real estate agency hold a percentage of a property sale until transfer is done? 0
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1273
How to claim the remaining amounts unpaid by a company after delivery of goods 0
Our company (Ajman Freezone) has delivered goods to a company in Mainland Dubai.
The payment terms agreed on 30% on order confirmation and 70% on delivery of goods to the warehouse in Dubai.
The customer paid 30% on the order confirmation and failed to settle the 70% on delivery of the goods to their warehouse. Upon confronting the customer that he failed to comply with the payment terms, he asked to pay in installments.
We agreed on five monthly installments and the customer confirmed the date and amount of the payments via email.
Oct 2020, November 2020, December 2020, January 2021 and February 2021.
He failed to pay December 2020, January 2021 and February 2021.
Since then he has been avoiding us, and only when we keep pressuring him, he pays small amounts, which are not equal to the monthly installments agreed upon.
The installments were confirmed, but not handed over as PDC.
Kindly advise what can be done in this case and if it is feasible to go to court.
Jun 27, 2021
783
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