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Off-plan is real estate purchased before construction or completion. Buying off-plan property in the UAE can be an attractive investment opportunity. However, it is important to understand the legal and marital rights associated with buying off-plan.
This article aims to provide an understanding of the legality and marital rights of owning off-plan.
legality:
Buying off-the-plan in the UAE requires careful consideration of the legal requirements.
The first step is to ensure that the developer is registered with the relevant authorities in the emirate where the property is located. This is to ensure that the developer is a legal entity and has all the licenses required to carry out the project, according to Article 5 of the Emirate of Abu Dhabi’s Real Estate Industry Regulation Law, the developer must have a license issued by the Ministry of Municipal Affairs allowing him to act as a developer. For a developer based in Dubai, you can verify that he is registered with the Dubai Land Department and authorized to sell the property you want.
Second, buyers must read carefully before signing the Sale and Purchase Agreement (SPA). The SPA must contain all relevant information about the property, including payment terms, completion dates, and any penalties for delay or cancellation. It is vital to have a lawyer or real estate agent review the agreement to ensure that your interests as a buyer are protected.
It is also important to ensure that the developer has all the necessary permits and approvals from the relevant authorities before construction begins. This includes building permits, environmental permits and other necessary documents. Make sure that the property you are buying off-plan is registered with the real estate registry of the relevant emirate.
Rights of husband and wife 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 the rights of husband and wife are protected by law. This means that both spouses have the right to live together and share a home.
In the case of property ownership, both spouses have equal rights to jointly owned property. In addition, Article 64 of Federal Law No. 28/2005 on Personal Status states that “a woman who has reached the age of full capacity may freely dispose of her property and her husband may not dispose of it without her consent; each has separate financial assets . If one of the two is jointly involved with the other in developing properties, building dwellings, etc., he can claim his due share from the latter in the event of divorce or death.”
In the UAE, if the property is purchased in the name of only one spouse, in case of divorce, the property cannot be divided between the spouses and is retained by the spouse who owns the property unless otherwise stipulated in a postnuptial agreement if the other spouse can prove that they are Contributed to the purchase of the property, then they can claim their ownership interest or get their money back based on their contribution to the property.
Therefore, it is imperative that husband and wife discuss and agree on property ownership and financial matters before purchasing any property, including off-the-plan properties.
In conclusion, buying off-the-plan in the UAE requires careful consideration of legality and marital rights. It is imperative to ensure that the developer is registered and has obtained all necessary licenses and approvals.
Additionally, couples must discuss and agree on property ownership to protect their interests in the event of a divorce or any other legal matter. It is recommended to seek legal advice to ensure a smooth and hassle-free off-the-plan property purchase in the UAE.
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