استرداد مبلغ القرض بعد الطلاق – دعوى أحوال شخصية أم دعوى مدنية؟

Did you send him a legal notice?

Some lawyers say that it is a civil court case because I gave a civil loan.

Others say that Article 62/1 of the personal status law applies (even though there was no financial participation or joint development of assets as mentioned in 62/1).

I gave a civil loan to the husband without financial participation or joint development. The Loan acknowledgment says that the husband will pay whenever I demand, but 62/1 says that the case can only be started in case of divorce or death.

Which is correct? Civil lawsuit or Personal Status lawsuit?

Yes, I sent the notice.

Is it impossible for ex-husband and ex-wife to file a civil case against themselves or all cases regarding assets and loans between ex-spouses are dealt with exclusively within Personal Status Court?

From my point of view, it should be a personal case, however, even if you file it as a personal case and it is not correct, the court will decide to transfer it to the civil court. So it is not a big deal.

Anyway, you need to proceed further as long as you sent a notice to him.

For legal assistance, please contact us via WhatsApp.

Thank you!

Welcome!