RAK court divides two flats between divorced European couple

Adnan Okasha, Staff Reporter

The Court of Cessation in Ras Al-Khaimah upheld a verdict dividing two apartments, between a divorced European couple and rejected the appeal submitted by the ex-husband.

The wife filed a lawsuit in which she stated that she had bought the two flats equally with her ex-husband during their marriage, and he had rented the first one since he received it in 2012. He also kept the value of the rent for himself.

With the end of the marriage, she asked to get her share of the rent.

The Court of First Instance allocated a flat for each party and obligated the husband to pay the appellant Dhs21,430.50, the value of the rent he had received.

The husband appealed the ruling, demanding that an expert be delegated to check the sums he received and the sums he spent, and to prove his sole ownership of the two flats which he bought them from his own money, and remained in his ownership for more than 7 years.

He also demanded that the appellant pay him half the amount he paid for the two flats, Dhs1,262,760.25, besides the legal interest of 12% from the date of filing the lawsuit until full payment.

The court asked him to take the oath, so he swore it, and the Appellate Court cancelled the appealed verdict, rejected the case, and affirmed the husband’s possession of the two flats.

The wife appealed the verdict to the Court of Cassation based on mentioning her name in the sales contracts in her capacity as a purchaser jointly with the husband, in addition to the fact that the expert’s report stated that she already paid her share of the price of the two flats, which the husband acknowledged.