Man's property claim against ex-wife rejected by Dubai civil court, jurisdiction transferred

Dubai: A Dubai civil court has declined to hear a lawsuit filed by an Arab man against his former wife over a disputed property purchase, ruling that the case falls under the jurisdiction of the personal status court because it stems from a marital relationship.

The man sought to recover Dh790,000 and two bank cheques linked to the purchase of a residential unit that was registered in his former wife’s name during their marriage.

He argued that the property was recorded in her name only for practical reasons and that she had agreed to transfer ownership to him once registration was complete. He claims she later refused to honour this agreement after their divorce, Emarat Al Youm reported.

In its judgment, the Dubai Court of First Instance said it lacked subject-matter jurisdiction and ordered the entire dispute to be transferred to the Personal Status Court, leaving the question of legal costs to be decided later.

According to court documents, the man filed a civil claim against his ex-wife and a real estate developer, seeking repayment of Dh780,090, which he said he had paid from his personal funds to the developer.

He also demanded the return of two cheques, each worth Dh311,100, issued from his bank account to the project’s escrow account, or reimbursement if either cheque had been cashed. He further requested statutory interest, court fees and legal costs.

The claimant said that in July 2023 he decided to purchase a residential unit priced at Dh1.87 million. As he travelled frequently outside the UAE, the sale contract was registered in his wife’s name at the time, with the understanding that ownership would later be transferred to him.

He told the court that the developer required two undated cheques as part of the transaction and that these would be returned once the property was officially registered in his name. He also maintained that he paid the instalments entirely from his own account.

However, marital disputes soon followed, culminating in a court-ordered separation. After the divorce, the man asked his former wife to transfer the property into his name, a request she allegedly refused.

During the proceedings, the developer submitted documents showing that the two cheques had been returned due to discrepancies between the amounts written in words and figures. The company also presented a declaration from a third party confirming that the claimant had paid more than Dh622,000 from his own bank account and that the declarant had no claim or interest in the disputed property.

In its reasoning, the court stressed that jurisdiction is a matter of public order and must be examined by the court on its own initiative at any stage of proceedings. Citing provisions of the UAE Personal Status Law, including Federal Law No. 41 of 2024, the court noted that while spouses maintain independent financial estates, disputes arising from participation in building or acquiring a marital home after separation fall within the remit of the personal status judiciary.

The court concluded that the dispute was directly connected to a former marital relationship and concerned a property acquired during that marriage. As such, it ruled that the Personal Status Court, not the civil court, was the competent authority to hear the case.