Civil Court orders auction of Bahraini couple’s property

TDT | Manama    

The Daily Tribune – www.newsofbahrain.com

The First Civil Court has ordered the auction of a jointly owned property between a Bahraini man and his divorced wife. The proceeds from the sale will be distributed between them according to their respective shares, after settling the outstanding debt owed to the mortgage bank.

The husband sought the court’s intervention to sell the property due to the shared ownership, but the wife attempted to retain the house by using the custody of their children as a pretext.

The court emphasised that the obligation to provide housing as a custodial parent would remain the husband’s responsibility, and that each partner has the right to request the division of common assets unless compelled by law or legal agreement to remain in shared ownership.

The husband’s lawyer and partner in the housing property, stated that her client filed the lawsuit, indicating that he and his ex-wife jointly owned the housing property, which he committed to paying the monthly installments of BD500 from his salary.

The wife, however, defaulted on the payments. Consequently, he requested the sale of the property through public auction and the distribution of the proceeds between them after deducting the debt owed to the mortgage creditor, the Housing Bank.

However, the wife filed a motion to suspend the proceedings until a ruling is issued regarding a separate lawsuit in which she seeks to secure custody of the housing property as it serves as a residence for their two children. She requested that the case be referred to investigation to establish the merits of her claim through all available means of proof.

She also requested the dismissal of the husband’s lawsuit.

As a precautionary measure, the court appointed a property division expert to determine the validity of the property’s suitability for division, leading to a conclusion on the necessity of selling the property and the resulting prejudice to the wife.

The court appointed the property division expert to assess the case, and the expert’s report concluded that the property could not be divided. The property was then valued at BD103,000, with the wife entitled to receive BD51,000 from its value.