Questions & Answers
Transferring property ownership to avoid higher support payments upon divorce
Dear Lawyers,
My wife has filed an appeal after the court earlier rejected her divorce request. Please note that she left the marital home without my permission.
In her appeal, she is requesting higher marital support payments, pointing to my ownership of a flat in the UAE from which I earn rental income.
She has provided property documents showing the flat is under my name and is asking the court to consider this in addition to my salary.
I am considering transferring the property to my mother's name to prevent her from monitoring it in the future and making any further claims.
Will it be useful to transfer the property to my mother's name at this stage?
I will contact whose advice appears most suitable for a detailed discussion.
Dear Questioner,
It is not advisable to transfer the property to your mother's name at this stage. This could be seen as an attempt to hide assets and could negatively impact your case in court.
It is important to consult with a lawyer who specializes in family law in the UAE to discuss your options and the best course of action.
They will be able to advise you on the legal implications of transferring the property and how it may affect the outcome of your case.
It is important to follow the legal process and provide all necessary documentation and evidence to support your case.
Badr Legal Consultant
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Absolutely, transferring property to another person's name, such as your mother's, doesn't necessarily shield it from being considered in divorce proceedings.
Courts often look at various factors beyond just the legal ownership of assets when making decisions about the division of property, especially in divorce cases.
Here are some key points to consider:
1. Legal Ownership vs. Equitable Distribution:
In many jurisdictions, including the UAE, divorce courts can look beyond the legal title of property and consider the overall financial situation of both spouses.
This means that even if a property is transferred to someone else's name (like your mother's), it may still be considered part of the assets subject to the case.
2. Court's Discretion:
Courts have the authority to examine the intent behind such transfers. They may still include the property in the case.
3. Long-Term Considerations:
Apart from the divorce implications, transferring property can have other financial and tax consequences. It's essential to consider these aspects and consult with a financial advisor or tax consultant to fully understand any potential liabilities.
4. Legal and Ethical Considerations:
Always ensure that any actions taken, including property transfers, are done in accordance with legal requirements and ethical considerations. Attempting to shield assets inappropriately could backfire and lead to legal complications.
In conclusion, while transferring property to a family member's name might seem like a protective measure, it's critical to approach such decisions with thorough legal guidance.
Understanding the full scope of consequences can help you make informed choices that align with your long-term interests and legal obligations.
To some extent, it will be useful for you to prevent her from making further claims in the future.
If she submits a request, you can also submit a defense in the appeal. Since she initiated the divorce, the judge will consider that as well.
If you need further clarification, kindly share your WhatsApp number.
