Can a jointly owned property be sold by one owner in the UAE? A co-owner may sell an individual share subject to the other owners’ rights. A sale of the entire property generally requires the applicable collective or court procedure.
Quick Answer
Yes. A co-owner in the UAE may generally sell their individual ownership share without obtaining the other owners’ permission, provided their rights are respected. However, selling the entire jointly owned property requires an applicable agreement, majority-sale procedure or court process.
Under Article 1061 of the Civil Transactions Law, owners holding at least three quarters may decide to sell for justified reasons, subject to notification and a 60-day objection period. Where physical division is impracticable, the court may order a sale under Article 1067.
In Dubai, the property transfer must also be recorded in the Real Property Register to take effect.
When can a jointly owned property be sold by one owner?
- Article 1052(1) allows a co-owner to sell an individual share without the other owners’ permission if the sale respects their rights.
- Article 1061 allows owners holding at least three quarters to decide to sell the whole property for justified reasons. They must notify the other owners, who have 60 days to object in court.
- Article 1063 allows any co-owner to request partition unless bound to stay in co-ownership. An agreement to remain a co-owner may last up to five years.
- Under Article 1067, when division is impracticable, the court can order the sale of a share. If the share cannot be sold, the court can order a sale of the whole property and distribute proceeds by share. It may first limit the auction to the co-owners.
- In Dubai, a sale takes effect when recorded in the Real Property Register (Dubai Law No. 7 of 2006, Article 9(a)). The general co-ownership rules apply where consistent with special legislation (Civil Transactions Law, Article 1050).
Want to Sell Your Share in a Jointly Owned Property?
Discuss your ownership share, title deed, co-ownership agreement and any restrictions before proceeding with a property sale in Dubai.
Joint Property Sale and Partition Rules Compared
The following table summarises the main legal routes for dealing with jointly owned property in the UAE.
| Situation | Applicable rule | Legal reference |
|---|---|---|
| Individual share sale | A co-owner may sell an individual share without the other owners’ permission, subject to their rights. | Article 1052(1) |
| Majority sale | Owners holding at least three quarters may decide to sell the entire property for justified reasons, subject to notice and objection rights. | Article 1061 |
| Minority objection | Other owners have 60 days to object to a qualifying majority sale in court. | Article 1061 |
| Request for partition | A co-owner may request partition unless a valid obligation to remain in co-ownership applies. | Article 1063 |
| Property cannot be divided | The court may order a share sale or, where necessary, a sale of the entire property with proceeds distributed by ownership share. | Article 1067 |
| Dubai registration | The property sale must be recorded in the Real Property Register to take effect. | Dubai Law 7/2006, Article 9(a) |
What a selling co-owner should check
- Whether a co-ownership agreement limits sales or gives the others a right to buy first.
- Whether the property can be divided, which affects whether partition or a sale is the route.
- Whether a buyer will accept a share rather than the whole unit, since a share is harder to sell.
- Whether a mortgage, a restriction or a pending dispute is recorded on the title deed.
Need a Legal Review Before Selling Joint Property?
A title deed, mortgage, sale restriction or co-ownership agreement may affect your options. Ask Leaders Advocates to review the documents and applicable requirements.
Steps if co-owners disagree
- Try to agree a sale or a buy-out of the share.
- If co-owners holding three quarters want to sell, give the others written notice and wait 60 days (Article 1061).
- If you are a minority co-owner who objects, raise the objection with the court within 60 days.
- If no agreement is possible, ask the court for partition (Articles 1063 and 1065).
- If the property cannot be divided, ask the court to sell it and share the price (Article 1067).
- Record any sale in the Real Property Register.
What happens after an objection
A timely objection suspends the disposition until the court rules. Under Article 1061, the court weighs the harm to the other owners against the expected benefit of the sale.
Important: 60-Day Objection Period
For a majority sale under Article 1061, the notification and objection procedure matters. A minority co-owner considering an objection should promptly review the notice, ownership documents and applicable filing requirements.
Disagree With the Sale of a Jointly Owned Property?
If co-owners disagree about selling, buying out a share or partitioning the property, discuss the ownership documents and any notification or objection deadline with Leaders Advocates.
Related reading
Official sources
Need Legal Help Selling a Jointly Owned Property in Dubai?
Leaders Advocates can discuss individual share sales, majority-sale procedures, minority-owner objections and court partition. Speak with our team about the ownership structure, applicable legal rules and registration requirements.
