Al Ain Primary School: The defendant is not among the real estate owners or a custodian

Absolute obligation to surrender the marital home

Al Ain Court of First Instance obligated a divorced woman to vacate a house she lives with her daughters, and hand it over to her divorced woman, free of persons and concerns, after her ex-husband filed a lawsuit demanding the eviction of the house, indicating that the house is owned by her divorced husband and others with a common share for each of them according to the title deed, and that the divorced woman is not among the owners Real estate or incubator.

In the details, the plaintiff filed a lawsuit in which he demanded the expulsion of his divorced woman from the house and his eviction and handing it over free of persons, concerns and obligations and in good usable condition, and obligating her with the fees and expenses of the case, indicating that he owns the house, and he is not obligated to provide housing for his ex-wife, and he provided photocopies of documents, including the allocation order. Popular housing, title deed and plot of the property.

The defendant attended and submitted a reply note that included that she is the mother of the plaintiff’s children, and that she resides with them, and they are the owners of the property with the plaintiff. She demanded that the lawsuit be rejected for instituting it without having any capacity and without having any capacity, and I requested, as a precaution, to refer the file to the competent committee for inspection to clarify who resides in the property or not. And a statement that its residents are her children from the plaintiff, and they are the owners of the property according to the allocation decision, and she demanded that the lawsuit be rejected and that the plaintiff be obligated to pay fees and expenses, and attached her memorandum to the To Whom It May Concern Certificate issued by the Personal Status Department.

The plaintiff submitted a memorandum in which he confirmed his divorce to the defendant 18 years ago, and that his youngest son is currently 24 years old, and all of them married and left the house, and they have other homes, and therefore she has no reason for her to stay in his home, as she has no relationship with her, as well as She obtained a house from the state, but she refused, and asked for material compensation in place of it, and he sought to compel her to vacate the part in which she resides in the house, hand it over in the state in which it was, and obligate her with fees and charges for the case and in return for attorneys' fees.

The plaintiff confirmed before the court that the house was registered in his name and the names of 10 of his sons, six of whom were his sons from his other wife, and four from his divorcee (the defendant), while the defendant confirmed that she is not a custodian of one of the sons, and that she lives in the house, and she does not own another house, That she asked the plaintiff to allow her to stay in the dwelling until she obtained a house, and accordingly she submitted a request to the competent authorities to obtain a house in which she lives, and that she is awaiting allocation.

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