UAE: How does expat property get divided after a divorce?

Question: Under Dubai law, if a resident buys a villa and lives in it with his family for several years, what happens to the property if the couple later divorces? Who remains in the villa? Does the wife have any claim to it, especially if she contributed to paying the mortgage?

Answer: In Dubai, real estate ownership and registration are regulated by the Dubai Land Department (DLD), which maintains the official property register and issues title deeds. Under Articles 22 and 24 of the Law Concerning Real Property Registration in Dubai, title deeds issued by the DLD have absolute evidentiary value in determining ownership.

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“Article 22: The Department will issue title deeds relating to Real Property Rights based on the data recorded in the Property Register.”

“Article 24: Title deeds mentioned in Article (22) of this Law will have absolute evidentiary value in verifying Real Property Rights.”

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This means that ownership of a property is based strictly on whose name appears on the title deed. If the villa is registered solely in the husband’s name, he is legally recognised as the owner and, in principle, has the right to reside in the property.

However, in cases where the wife has custody of minor children following a divorce, the court may consider temporary housing arrangements in the children’s best interests. This could include allowing the mother and children to remain in the villa for a limited period, subject to specific court orders. Such arrangements do not transfer ownership and are intended solely to protect the welfare of the children.

If the villa is jointly owned, both spouses retain the right to use the property according to their respective ownership shares.

Any disputes relating to ownership or occupancy may be addressed through the DLD or the Dubai Courts, as applicable.

In accordance with the aforementioned provision of the law, upon divorce, a wife would generally not have ownership or automatic residency rights in a villa registered only in her husband’s name. However, if she has made financial contributions toward the mortgage, she may be entitled to seek reimbursement of those amounts through legal proceedings. You may further take legal advise from a competent counsel in UAE. 

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.