A man asks his divorced woman for her share of the "marital home" loan
The Abu Dhabi Court of Appeal upheld the ruling of the Court of First Instance, which rejected a husband’s request to oblige his divorced woman to pay part of the loan to build the marital home, and to vacate one of the two apartments in which she resides with her children inside the house in dispute.
The details of the case are due to the fact that the "plaintiff" husband and his children owned a house and he was married to the defendant, and the divorce occurred between them with an obligation to provide her with a suitable residence for the sake of custody, so the defendant exploited two apartments and their possession and refrained from evacuating one of them, so he filed a lawsuit in which the judgment seeks to allocate an apartment to the defendant. And her foster children, and the eviction of the other, and her obligation to pay her share of the monthly installments of the housing construction loan.
During the hearing of the case in the court of first instance, the husband confirmed that the property is a public dwelling owned by him, his divorcee and their children in common, and the house was demolished and rebuilt into a house consisting of four apartments through bank financing, and that he pays the loan installments, and that his divorcee occupies two apartments more than He sought to allocate one apartment for her, as well as the obligation to bear her share in paying the installment.
The report of the expert committee delegated by the court suggested dividing the property, while the husband objected to the division project, as the committee calculated the share of married sons and daughters who have their own housing, then added a new request to oblige his divorcee to pay and bear the value of water and electricity for the apartment in which she lives, while the court issued the first degree A ruling in which it ruled that the court had no specific competence to consider the request to allocate a single apartment for the defendant and those in custody and to refer the case in its case to the Personal Status Department, and the request to compel the defendant to pay for its percentage in the housing loan in his condition was rejected, and the rest of the requests were rejected.
The judiciary did not gain acceptance with the husband, and the Court of Appeal stated that the Court of First Instance established its judgment that the plaintiff’s requests “the husband” wanted to change the area of the nursery dwelling by making it a single apartment. Therefore, the custody request and what is related to it is within the jurisdiction of the Personal Status Department, as it refused Obliging the divorced woman to pay her share of the installments of the housing construction loan on the basis that the title deed indicates that ownership of the property is common and that there are other owners who share the ownership, and the court upheld the first degree ruling.
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