Questions & Answers
How long does a partition suit take, and how much does it cost?
Hello,
My ex-wife and I jointly own a property in Dubai. I’d like to file a partition suit as she is not allowing me to sell my 75% share.
How long does a partition suit take, and how much does it cost?
Thank you for reaching out!
I understand your situation regarding the jointly owned property with your ex-wife and the desire to proceed with a partition suit to sell or claim your 75% share.
1. Can a Partition Suit Be Filed?
Yes, a partition suit can be filed under UAE civil law, particularly if one party is unwilling to cooperate in selling or dividing jointly owned property.
2. The suit can request either:
a. Physical division of the property (if feasible).
b. Forced sale of the property with proceeds distributed according to ownership percentages.
c. Buyout of your share by the co-owner (ex-wife) at market value.
3. Legal Basis for the Claim:
Before proceeding, we need to review:
- Title deeds and ownership documents.
- Any agreements (if any) regarding the property post-divorce.
- Proof of ownership distribution (i.e., 75% to 25%).
A strong legal basis will ensure the court recognizes your claim and expedites the process.
4. Options for the Claim
Option 1 – Sale of the Property:
The court may order the property to be sold via auction or direct sale, ensuring the proceeds are distributed based on ownership shares.
Option 2 – Claim of Monetary Value Only:
If the goal is to claim your 75% share without forcing a sale, the court can rule for your ex-wife to pay the value of your share.
This may depend on her financial capacity and willingness to negotiate a payment plan.
5. Timeframe and Costs
a. Duration of Partition Suits:
Partition suits in Dubai can take between 6 to 12 months, depending on:
- The complexity of the case.
- Whether the co-owner contests the claim.
- Property valuation and legal formalities.
b. Costs and Court Fees:
Court fees are generally calculated based on the value of the claim. Typically, fees are around 7.5% of the claim amount, capped at AED 40,000 for civil cases.
c. Additional Costs: Legal representation, expert valuations, and administrative fees.
6. Recommended Actions
a. Property Valuation: Conduct a formal valuation to determine the market value of the property.
b. Legal Review: I recommend reviewing the title deed and any relevant agreements to assess the best legal route for your claim.
7. Consultation:
Let’s schedule a meeting to discuss the case in detail. I can assist in drafting and filing the partition suit and representing your interests in court.
8. Conclusion:
This is a matter we can handle, but before proceeding, I suggest reviewing the legal foundation and claim amount. From there, we can decide whether to file for a forced sale or pursue a monetary claim for your share.
Feel free to share the necessary documents, and I’ll guide you through the next steps.
Best regards,
Omar Mosaad
Senior Legal Consultant
Hello,
The duration of a partition suit in the UAE can vary based on several factors, including the complexity of the case, the jurisdiction, and whether both parties agree on the terms of the partition or not.
For a detailed discussion regarding cost and further procedures, kindly share your WhatsApp number.
Hello,
Thank you for reaching out regarding the partition suit for your property in Dubai!
I understand the complexity of your situation, and I am happy to assist you with this matter.
In Dubai, a partition suit is a legal process that can take several months, depending on the court's caseload and any potential disputes during the procedure. Typically, it can take anywhere between 6 to 12 months, but this timeline can vary.
As for the costs, the legal fees for a partition suit generally include court fees, which are based on the value of the property and typically range from 1% to 3% of the share's value you are seeking to partition.
I would suggest that we have a consultation to review the specifics of your case and go over the detailed process.
During our meeting, we can discuss your best course of action and I can guide you through the entire process, ensuring that your rights are protected.
Please feel free to reach out to me directly via WhatsApp at [----------] or email at [----------] to schedule a time to discuss your case further.
Best regards,
Suhail Rana
Under UAE law, a partition suit typically takes several months to a year, depending on the complexity of the case. The process involves filing the case in court, verifying documents, and potential appeals.
As for the costs, they include court fees, lawyer fees, and other administrative expenses. The total amount varies depending on the nature of the case and the lawyer selected.
For more accurate legal advice on this matter, you can contact us via WhatsApp. We specialize in these cases and are happy to assist you.
The duration of a partition suit in Dubai can vary depending on various factors, including the complexity of the case, the cooperation of the parties involved, and the court's schedule.
However, as a general estimate, it can take anywhere from 6 months to 8 years to resolve a partition suit.
The lawyer fee will be a fixed percentage of the value of the property (will vary according to the lawyer).
We will discuss the procedures in detail.
Kindly share your WhatsApp number to discuss this further.
Dear Questioner,
Thank you for your inquiry regarding the partition suit concerning the jointly owned property in Dubai. Below is the information based on UAE law:
1. Duration of a Partition Suit:
A partition suit in the UAE typically involves a legal process for dividing jointly owned property between co-owners.
The duration can vary depending on the complexity of the case, the evidence provided, and the court's workload. However, generally, a partition suit can take anywhere from 6 months to 1 year to reach a resolution.
The court may first attempt mediation, and if that is unsuccessful, the case will proceed to hearings and a final judgment.
2. Cost of a Partition Suit:
The cost of initiating a partition suit includes various fees, such as:
- Court fees: These vary but are typically calculated as a percentage of the value of the property or the share involved in the dispute.
- Legal fees: If you are hiring a lawyer, legal fees will be applicable. This can vary depending on the lawyer's experience and the complexity of the case.
- Other expenses: These may include fees for expert evaluations, property appraisals, and other legal costs.
On average, the total cost for a partition suit in the UAE can range from AED 10,000 to AED 30,000 (or more), depending on the complexity and the parties involved.
3. Selling Your Share:
Regarding the sale of your 75% share, a partition suit is an appropriate legal route when one co-owner is unwilling to allow the sale of their portion or if there is a deadlock in the joint ownership.
The court will likely issue a decision that will either:
- Order the sale of the property and division of proceeds
- Award the property to one of the owners, with compensation to the other owner
If you are unable to sell your share due to your ex-wife's refusal, the partition suit can force a resolution.
4. Next Steps:
- Consult a Lawyer:
Given the potential complexity and the need for proper legal representation, I recommend discussing the specifics of the property and the situation in more detail. We will help you gather the necessary documentation and evidence.
- File the Suit:
If you are ready to proceed, we can file the partition suit and represent your interests in the matter.
Please feel free to reach out if you have any further questions or would like to discuss how we can assist you in filing the partition suit.
Best regards,
Mohammed Salah
Legal Consulting
Hello,
Regarding your inquiry about filing a partition suit for jointly owned property in Dubai, it is governed under the Civil Procedures Law issued by Federal Decree-Law No. (42) of 2022.
If you and your ex-wife cannot agree on the sale or division of the property, filing a partition suit becomes a legal avenue to resolve the matter.
The timeline for resolving such a case varies depending on its complexity, the evidence provided, and the parties' cooperation.
Typically, the Court of First Instance may take 4 to 8 months to deliver a judgment. If an appeal is pursued by any party, the case could extend by an additional 6 to 12 months as it moves through the Court of Appeal and possibly the Court of Cassation.
The cost of a partition suit involves multiple components. Court filing fees are generally set at 6% of the claim value, with a cap of AED 40,000.
The court may appoint an expert to evaluate the property and propose its division or sale, and expert fees range between AED 5,000 and AED 15,000. Legal fees for representation depend on the law firm’s rates and the complexity of the case.
In such cases, if the property cannot be divided without causing harm, the court may order a public auction, with the sale proceeds distributed according to ownership shares. Your entitlement would reflect your 75% share of the property.
To ensure your case is effectively managed and your interests protected, gathering all ownership documents and evidence of prior attempts to resolve the matter amicably is essential.
For further assistance or to initiate the legal process, you may contact me via email or phone.
