How does the court calculate the division percentage of a joint property in a divorce case?

According to UAE law, the ownership percentage stated in the title deed is considered, but the court may also take into account financial evidence to determine the actual contributions of each party.

Our center specializes in such cases, and you can contact us via WhatsApp for more details and legal support.

Dear Client,

Thank you for your question regarding property division in the context of a no-fault divorce in Dubai.

Under the current UAE Personal Status Law, the division of jointly owned marital assets, such as your studio apartment, will primarily be based on the official ownership percentages registered with the Dubai Land Department.

In your case, this is 49.91%. The court generally recognizes these registered shares unless there is substantial evidence to suggest that the actual financial contributions differ significantly from the recorded ownership.

You may present your bank statements and proof of payment (AED 150,019) to the court.

If you can demonstrate that your financial contribution was materially different from your registered share, the court may consider this evidence when making its determination.

However, in most cases, the division will reflect the registered ownership percentages, and your entitlement would be calculated based on the current market value of the property at the time of division.

Recommendation:

Prepare all documentation related to your financial contributions and ownership. If you require further guidance or representation during the divorce proceedings, I would be pleased to assist you.

Best regards,

ABDUL WAHIED

Hello,

This is khadeeja from Dr. Alaa Nasr Legal Consultant. I understand you are going through a divorce and have concerns regarding the property settlement. I would like to offer you a consultation to discuss your case and explore the best legal approach for your property division and any potential claims related to the payments you have made.

Please let me know a convenient time for you to meet and discuss further.

Best regards,

Khadeeja Raifa

Legal consultant

Dr Alaa Nasr legal consultant

+971 50 360 3407

Dear Questioner,

Thank you for your question.

Since the property is jointly owned and registered with specific ownership shares (49.91% in your name, as per the Land Department), the Dubai Courts will typically respect the registered ownership percentages, especially if there's no written agreement stating otherwise.

However, since you also have bank statements showing the amount you personally contributed (AED 150,019), this evidence may support your claim if you request a financial settlement that reflects your actual contribution — especially if it significantly exceeds your registered share.

Here’s how it generally works:

The court will first consider the official title deed and registered shares.

If you can prove you paid more than your share, you may request compensation or an adjustment during the divorce proceedings, depending on the circumstances and your spouse’s response.

The property is not automatically liquidated, but either party may request a sale or buyout of the other’s share.

If you wish to proceed with filing the divorce and securing your share properly, I can assist you through:

- Reviewing and preparing your financial claims

- Filing a no-fault divorce

- Representing you in court to protect your property rights

Let me know if you'd like to schedule a consultation.

Kind regards,

Mohammed Salah

Legal Consultant

Based on your ownership percentage and contributions, you should be able to receive your 49.91% share of the apartment based on its current market value, but the court will have the final say on asset division.

It is advisable to consult with a legal professional specializing in family law in Dubai for tailored advice and to ensure that your rights are fully protected during the divorce proceedings.

Hello dear,

I hope you are doing well. This is Fawzia Mohd Lawyers and Legal Consultancy. Thank you for reaching out.

Since your marriage took place in Dubai and you’re planning to file for a no-fault divorce, the jointly owned property will be a point of discussion in the settlement.

Based on the Land Department records showing 49.91% ownership and your proof of financial contribution, the court may consider both these factors when deciding how to divide the asset.

In general, the Dubai courts do take into account actual payments made and documented proof like bank statements, especially in civil matters relating to property.

However, it’s not always guaranteed that division will follow registration percentages—especially if one party can show they paid significantly more.

We can assist you in preparing and presenting your documents clearly so your rights are protected in the process.

We recommend setting up a meeting with one of our lawyers to get the most accurate legal advice for your situation.

For further assistance, please contact us on WhatsApp or email us.

Greetings,

In a no-fault divorce in the UAE, jointly owned property is typically divided based on the registered ownership percentages, unless one party provides strong evidence of unequal financial contribution.

Since your ownership is listed as 49.91% with supporting bank statements, the court may consider both the registered share and actual contributions—but the final decision rests with the judge.

To accurately assess your legal position and protect your financial rights, we recommend that you book a consultation or appoint our office to represent you in the proceedings.

Hello,

As per your query, please note that if you are going to file for divorce, you can claim the share as per the title deed and then make a valuation of the property and get the valuation certificate as per the real estate value.

Please contact us by email or call.

In the case of divorce, if the apartment ownership is registered at 49.91% in your name, this percentage will be the basis for dividing the property.

However, the court may take into account the amounts paid by each party, especially if there is evidence of payment, such as bank statements.

The percentage registered with the Land Department is the primary reference, but the court may determine the value based on the current appraisal

If you have any further inquiries, feel free to ask.

In the UAE's no-fault divorce under the Civil Personal Status Law, jointly owned property is typically divided based on official ownership records, such as the Land Department’s documentation—in your case, showing 49.91% ownership.

Unless your spouse disputes this share, the court will likely accept it without issue.

If there is a dispute or you wish to claim a larger share based on your AED 150,019 contribution, you can present bank statements as evidence, but that would require a separate civil case.

For more details, contact us.

Thank You

Hello,

In the UAE, property disputes in divorce are treated based on ownership documents and contributions, unless otherwise agreed (e.g., via a prenuptial or postnuptial agreement).

You are entitled to the value of your share at the current market rate, unless both parties agree to sell and split the proceeds, or one party buys the other out.

If one party wants to keep the property, the court may order them to compensate the other party based on the current market value. Since your share is clearly registered and you have financial proof, your claim is very strong.

For further assistance, kindly share your WhatsApp number.