Court Rejects Bid to Reclaim Gifted Flat after Divorce, Upholds Transfer to Ex-wife

The Dubai Court of First Instance has rejected a man’s attempt to recover an apartment he had gifted to his former wife, holding that the transfer was legally valid and cannot be revoked under UAE law. The court also directed the claimant to bear all legal costs, including Dh1,000 in lawyer’s fees.

The dispute centred on a residential property in Dubai that the man had transferred to his then wife during their marriage under a formal gift agreement, with ownership duly registered in her name at the Dubai Land Department. Following their divorce, he approached the court seeking to annul the gift, cancel its legal consequences, and restore the property to his name.

The claimant argued that the gift was made on the understanding that the marriage would endure, alleging that his ex-wife later instigated disputes and sought divorce without justification, thereby gaining unfairly from the transfer.

The defendant, through counsel, contested the claim, raising a preliminary objection on jurisdiction and asserting that the matter fell within the remit of the Personal Status Court. She further sought dismissal of the case, citing lack of legal basis and supporting evidence.

The court dismissed the jurisdictional challenge, affirming that civil courts retain broad authority over financial disputes, including those between spouses, unless explicitly excluded by law. It clarified that personal status legislation does not bar civil courts from hearing disputes arising from financial dealings between married parties.

In its judgment, the court relied on the UAE Civil Transactions Law, which defines a gift as a transfer of ownership without consideration during the donor’s lifetime, completed through offer, acceptance, and delivery. It found that the agreement had been properly executed and registered, and that the ex-wife had taken possession, rendering the gift complete and legally binding.

Crucially, the court underscored that gifts between spouses constitute a legal impediment to revocation under UAE law. Such transfers cannot be rescinded unilaterally or through litigation unless specific conditions are met and no legal barrier exists. In this case, the existence of the marital relationship at the time of the gift itself barred any revocation.

The court found the claimant’s allegations of deception and the subsequent breakdown of the marriage insufficient to overcome this statutory restriction. While the law permits revocation of gifts in limited circumstances, it is contingent on the absence of legal impediments—conditions not met in this instance.

Emphasising that the burden of proof lies with the claimant, the court held that he had failed to establish any valid legal grounds to justify cancelling the gift.

The lawsuit was therefore dismissed in full, with the court upholding the validity of the gift and confirming the ex-wife’s ownership of the apartment. The claimant was ordered to pay court fees, expenses, and Dh1,000 in legal costs.