Dubai court orders woman to repay Dh421,848 to ex-husband in property dispute

Dubai: A Dubai court has ordered a woman to pay Dh421,848.38 to her former husband, along with 5 per cent annual legal interest, in a dispute over a jointly owned property purchased during their marriage.

The case centres on a residential unit located in Dubai which the couple bought in January 2017 for Dh1.45 million. The purchase was financed through a mortgage loan of Dh1.05 million obtained from bank, with repayment scheduled until March 2042. The property was registered in both names as equal co-owners, and a mortgage was recorded with the Dubai Land Department.

Court records show that the couple later divorced under a final judgment issued in 2022 . Following the divorce, the former husband filed a lawsuit in January 2026, claiming that he had solely financed the property from his personal funds.

He told the court that he paid Dh400,000 to the previous owner, Dh58,000 in registration fees, and Dh385,696.77 towards the mortgage, bringing the total amount he paid to Dh843,696.77. He argued that his former wife had not contributed financially and requested that the court cancel the title deed and transfer full ownership of the property to him. Alternatively, he sought reimbursement of her share of the payments, in addition to future loan instalments and legal interest.

The dispute had already passed through multiple legal stages. In 2022, an expert appointed by the court confirmed that the husband had made all payments related to the property. A real estate case filed in 2024 was dismissed for lack of jurisdiction, and the matter was subsequently referred to the Personal Status Court in 2025, which initially ruled in his favour. However, that judgment was overturned on appeal, with the appellate court ruling that the Personal Status Court lacked jurisdiction to hear the case.

In her defence, the woman claimed that she had paid her share of the property to her husband, either in cash or through monthly contributions from her salary, which he then deposited into the loan account. She said she did not obtain written proof of those payments due to the nature of their marital relationship at the time.

The court, however, rejected the husband’s request to cancel the title deed. It ruled that under UAE law, the real estate register has absolute evidentiary authority, and ownership recorded in it cannot be altered unless fraud or forgery is proven. Since the property remained officially registered in both names and no such allegations were raised, the court found no legal basis to change ownership.

At the same time, the court upheld the husband’s alternative claim based on the principle of unjust enrichment. It found that he had paid the full value of the property, while the woman failed to provide evidence that she had contributed her share. The court also noted that her earlier submissions acknowledged her obligation to pay, weakening her defence.

The court therefore ordered her to repay half of the total amount paid by the husband, amounting to Dh421,848.38. It also ruled that the amount would carry legal interest at 5 per cent annually from the date the case was filed until full payment is made.

The court dismissed the husband’s additional claims for past and future loan instalments, stating that there was insufficient evidence for payments beyond those established in the expert report, while claims relating to future instalments were considered premature.

In its final ruling, the court ordered the defendant to pay the amount with interest and to bear a proportionate share of legal costs and attorney’s fees, while dismissing all other claims.