UAE: Rights when buying real estate and spouses | JD Supra

Off-Plan buying refers to real estate that is purchased before it is built or completed. Buying Off-Plan real estate in the UAE can be an attractive investment opportunity. However, it is important to understand the legal aspects and conjugal rights associated with buying Off-Plan real estate. This article seeks to provide an understanding of the legal aspects and conjugal rights associated with owning Off-Plan real estate.

Rights and legislation:

Purchasing Off-Plan real estate in the UAE requires careful consideration of the legal requirements. The first step is to make sure that the developer is registered with the relevant authority in the emirate where the property is located. This is to ensure that the developer is a legitimate legal entity and has all the necessary licenses for the project. According to Article 5 of the Real Estate Sector Regulation Law in the Emirate of Abu Dhabi, a developer must have a license issued by the Department of Municipal Affairs to be able to act as a developer. If the developer is based in Dubai, you can check if the developer is registered with the Dubai Land Department and is authorized to sell the desired property. The second step before signing a purchase agreement is for buyers to scrutinize it thoroughly. The purchase agreement should contain all necessary information about the property, including payment terms, completion date, and any penalties for delays or cancellation. It is important to have an attorney or real estate agent review the contract to ensure that your interests as a buyer are protected. It is also important to make sure that the developer has obtained all the necessary permits and approvals from the relevant authorities before starting construction. This includes building permits, environmental permits, and other required documents.

Conjugal rights in the UAE:

In the UAE, according to Article 19 of Federal Law No. 28/2005 on Personal Status, marriage is considered a legal contract between two parties and conjugal rights are protected by law. This means that both spouses have the right to live together, sharing a home. In the case of real estate ownership, both spouses have equal rights to jointly owned real estate. Furthermore, article 64 of Federal Law No. 28/2005 on personal status states: "A woman who has reached the age of majority has the right to dispose of her property, and her husband has no right to dispose of it without her consent; each of them has independent financial assets. If one of the two participates with the other in the development of real estate, construction of a dwelling or the like, he may claim his share from the latter on divorce or death." In the UAE, if real estate is purchased in the name of one spouse only, in case of divorce, the real estate will not be divided between the spouses, it will remain with the spouse who owns the real estate, unless otherwise provided for in the post-nuptial agreement. If the other spouse can prove that he or she contributed to the purchase of the property, he or she can claim his or her share of the property or a refund in the amount of his or her contribution to the property. Therefore, it is important for spouses to discuss and agree on real estate ownership and financial matters before purchasing any real estate, including Off-Plan real estate.

In conclusion, buying an Off-Plan property in the UAE requires careful consideration of legal aspects and conjugal rights. It is important to make sure that the builder is registered and has obtained all the necessary permits and approvals. In addition, spouses should discuss and agree on property ownership to protect their interests in the event of divorce or other legal issues. It is advisable to seek legal advice to ensure the purchase of Off-Plan property in UAE is hassle-free and hassle-free.