KHALEEJ TIMES, Monday, Jan 17, 2022 | Jamada Al-Aakhirah 14, 1443
Live-in relationships in UAE: Who gets to stay in shared rented apartment after break-up?
Emirates:
Question: I
started staying with my boyfriend after live-in relationships were legalised in
the UAE. However, the relationship is not going too well and we may need to
separate soon. We have some joint investments and expensive items we bought
together. Legally speaking, how will these items be shared between us? Also, our
rent contract is in my boyfriend’s name. Will I have to move out? Or is there an
alternative where he moves out, since we both shared the rent?
Response: Pursuant to your queries, it should be noted that in the UAE,
cohabitation may not be considered as a crime if an individual is not breaching
the provisions laid down in UAE Decree Law No (31) of 2021 concerning the Penal
Code (the ‘New Penal Code of UAE’) which is effective since January 2, 2022.
You and your boyfriend may approach the bank/s and/or financial institution/s
where you hold joint investments and apply to withdraw the same and distribute
between both of you. Alternatively, you may request the bank/s and/or financial
institution/s to transfer the proceeds of investments to your respective bank
accounts in an agreed ratio.
Further, valuable items which you both purchased together may be mutually
divided between you and your boyfriend. However, if there is any disagreement
related to distribution of the items, then the individual under whom the receipt
was generated while purchasing the items shall be considered the owner of such
item/product. The onus is upon the claimant to prove share in the purchased
item.
Further, as the tenancy contract is registered in your boyfriend’s name
officially, he is the tenant of the said rented apartment. Therefore, it is
prudent on your part to vacate it. As you are sharing the rent of the apartment,
you may request him to refund the amount you may have paid in advance.
Alternatively, you may also request your boyfriend to approach the landlord and
request to cancel the existing tenancy contract and make a new one in your name.
If this happens, you could continue staying in the apartment.
You and your boyfriend may enter into a settlement agreement to avoid any
ambiguity.