Everything you need to know about the legal nuances and spousal rights when buying a property in a UAE layout

Pre-planned property purchase refers to the purchase of real estate before it is built or completed. Buying such a property in the UAE can be an attractive investment opportunity. However, there is a need to understand the legal aspects and spousal rights involved in buying pre-plan real estate. The purpose of this article is to provide an understanding of the legal aspects and rights of spouses in buying pre-plan real estate.

Legal Aspects:

Purchasing a pre-planned property 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 to undertake the project. According to Article 5 of the Abu Dhabi Law on the Regulation of the Real Estate Sector in the Emirate of Abu Dhabi, a developer must hold a license issued by the Department of Municipal Affairs to be eligible to act as a developer. For a developer based in Dubai, one can check whether he is registered with the Dubai Land Department and is authorized to sell the desired property. The second step before signing the sale and purchase agreement (SPD), buyers need to review it thoroughly. The SPD should contain all the necessary information about the property, including payment terms, completion date and any penalties for delays or cancellations. 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 ensure that the developer has obtained all necessary permits and approvals from the relevant authorities before construction begins. This includes building permits, environmental permits and other necessary documents.

Marital 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 spousal rights are protected by law. This means that both spouses have the right to live together, to share 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 that "a woman who has reached the age of majority has the right to dispose of her property and her husband, without her consent, may not dispose of it; each of them has independent financial assets. If one of the two participates with the other in real estate development, housing construction and the like, he can claim his share from the latter on divorce or death." In the UAE, if real estate is acquired in the name of one spouse only, it will not be divided between the spouses in the event of divorce, it will be left to the spouse who owns the real estate unless otherwise provided for in the post-nuptial agreement. If the other spouse can prove that they contributed to the purchase of the property, they can claim their share of the property or a refund in the amount of their contribution to the property. Therefore, it is important that spouses discuss and reach an agreement on real estate ownership and financial matters before purchasing any real estate, including pre-plan real estate.

In conclusion, buying a pre-planned property in the UAE requires careful consideration of legal aspects and spousal rights. It is important to ensure that the developer is registered and has obtained all necessary permits and approvals. In addition, spouses should discuss and reach an agreement on the ownership of the property to protect their interests in case of divorce or other legal issues. It is advisable to seek legal advice to ensure a smooth and safe purchase of pre-planned property in the UAE.