How can I split joint property with my ex-wife and sell my share?

Greetings.

Yes, you can file a partition lawsuit in Dubai and sell your share. Send the title deed on WhatsApp so that we can provide you with more accurate information.

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us on WhatsApp.

There are several possibilities in this situation.

While Canadian laws might influence certain aspects of your relationship, the sale of the Dubai property would primarily be subject to Dubai's legal framework.

We will let you know how to proceed with the legal suit for sale. Kindly share your WhatsApp number to discuss further about the procedures.

You should consult with a lawyer who practices law in Dubai before proceeding with any actions regarding selling your share or forcing your ex-wife’s to sell.

Legal action may be necessary if negotiations fail.

Please contact us by phone or via email.

Yes, an agreement of sale and purchase has to be executed and the transfer procedure has to be completed before the land department.

We can assist you with this matter. Please email us or call us for detailed discussion and assistance.

First, you must legally notify her of your desire to sell your real estate share.

Then complete all legal procedures for selling your share in the property.

Contact us on phone so we can help you

Ideally, the best route is to try and reach a mutual agreement with your ex-wife about how to sell or divide the property.

If an agreement cannot be reached, you can apply to the Dubai courts to enforce the sale of the property.

Under UAE Law, specifically under the UAE Civil Transactions Law, co-owners have the right to request the partition of jointly owned property, including forcing the sale when an agreement cannot be reached.

You can approach the Dubai courts and file a case requesting that the property be sold through public auction if your ex-wife is unwilling to buy your share or agree to sell the entire property.

The proceeds will then be divided according to your ownership percentages (75% to you and 25% to her).

You can request the court to order her to buy out your 75% share if she is financially capable.

This would involve assessing the market value of the property to determine the amount she should pay you for your share

Navigating such disputes requires a clear understanding of UAE property laws and the available legal remedies. Here's an overview of your situation and the steps you can consider:

1. Joint Ownership and Property Rights:

Ownership Structure: In Dubai, co-owning a property typically involves a "tenancy in common" arrangement, where each party holds a distinct share. Your 75% ownership grants you certain rights, including the ability to sell or transfer your share, subject to any agreements or legal restrictions.

Legal Framework: Law No. (6) of 2019 governs jointly owned properties in Dubai, detailing the rights and obligations of co-owners.

2. Selling Your Share:

Right to Sell: As a co-owner, you generally have the right to sell your share of the property. However, the process may be influenced by factors such as the property's divisibility and any pre-existing agreements with your ex-wife.

Forced Sale: If the property cannot be physically divided, you might consider seeking a court-ordered sale of the entire property, with proceeds distributed according to ownership percentages. This typically requires legal action and is contingent upon the property's characteristics and local regulations.

3. Legal Proceedings:

Mediation and Negotiation: Before initiating litigation, consider mediation to reach an amicable agreement. This approach can be more cost-effective and quicker than formal legal proceedings.

Court Action: If mediation fails, you can file a case in the Dubai courts to seek a resolution, such as enforcing the sale of the property. The court will assess the property's divisibility and the merits of your case.

4. Practical Considerations:

Legal Representation: Engaging a Dubai-based lawyer experienced in property disputes is advisable. They can navigate the local legal system effectively and represent your interests.

Costs and Time: Litigation can be time-consuming and costly. Weigh the potential benefits against the resources required.

Recommendations:

Prepare for Legal Action: If negotiations fail, be prepared to initiate legal proceedings, ensuring you have all necessary documentation and evidence.

I hope this information assists you in making informed decisions regarding your property dispute. If you need further guidance or assistance, feel free to reach out.

Regards,

Omar Mosaad

In this case, you have the option of a friendly settlement through a consensual sale, and if negotiations fail, we can take legal action to remove the state of co-ownership.

The property is in Dubai, and therefore UAE law applies to the sale and purchase, not Canadian law. The Canadian lawyer will not do anything, and he cannot.

The way is to file a lawsuit in the Dubai courts to offer your share for sale, whether she is the one buying or through a public auction.

Welcome to RAALC Law Firm,

Yes, you can force her to buy your shares or you can sell your shares under the UAE legal terms.

To better understand your needs and provide you with tailored advice, could you kindly share your contact details?

If you'd like, we can also schedule a phone call or a meeting to discuss your matter in more detail at a time that works best for you.

Please let me know your availability, and I’ll be happy to arrange a convenient appointment.

Looking forward to assisting you!

Best regards,

Wa Alaikum Assalam,

Thank you for reaching out!

Given your situation, since both you and your ex-wife co-own the property in Dubai, and if you wish to sell your share but are facing resistance from her, you can indeed approach the Dubai courts to resolve the matter.

The court can intervene if the co-owners are unable to reach an agreement, and they may either compel her to buy your share or mandate the sale of the entire property, with the proceeds being split according to ownership percentages.

It is essential to handle this matter within Dubai's legal framework rather than through her lawyer in Canada, as Dubai laws will govern the property transaction.

I can assist you with the legal process to either compel a sale or negotiate a fair settlement between both parties.

Feel free to reach out to me directly via WhatsApp, phone, or email.

Best regards,

Suhail Rana