How to Add or Remove a Name from a Property Title Deed in Dubai

Are you looking to add or remove a name from a property title deed? Whether you want to remove an ex-spouse or add a business partner to your title deed? All of these are possible yet very intricate, so if you are clueless, let us hold your hand through this.

To Add or Remove a Name from a Property Title Deed:

Property transfers in Dubai have clear & defined rules. If you want to remove or add someone in a property title deed, it will primarily fall into two categories: selling and/or buying and gifting.

1. Selling and/or Buying A Property

This type of transfer of ownership from a seller to a buyer includes the following steps:

• Signing the Sale & Purchase Agreement (SPA): A Memorandum of Understanding (MOU) is signed between both parties, outlining the terms of the sale.
• Obtaining a No Objection Certificate (NOC): The developer’s NOC is a must as this confirms that there are no outstanding liabilities and/or service charges on the property. If there is a property facilities management, securing their NOC is required too.
• Payment and Transfer: The buyer has to settle the sale proceeds to the seller, as agreed upon on the signed SPA. This is required by the DLD & the Trustee Office as this serves as a demonstration that a property has been sold and paid for without any encumbrances. Depending on both parties’ agreement, it can be settled via the below options:

1. Manager’s cheque; wherein the currency should be in AED only (United Arab Emirates Dirhams). This option requires that the Buyer & Seller have a local UAE bank account for raising the cheque (as a Buyer) and for encashing/depositing the same (as a Seller);
2. International wire/bank transfer; if both parties agree that the sale proceeds will be remitted outside UAE local banking, which will let them conduct it in a different currency (USD, GBP, AUD, Crypto, etc.) they may do so. Upon both parties’ satisfaction, a notarized Acknowledgement Deed/Iqrar is required from the Seller. In the absence of the Manager’s cheque, this will be the document that confirms the settlement.
3. Escrow Service; this payment term will fulfill the settlement by way of having a third party receive the funds, temporarily hold the funds, and finally release the funds until all contractual agreements have been met by both parties. The Escrow agent/account (may be a natural person or entity) can be appointed either for the Buyer to make the payment to the Seller or complete vice-versa which is for the Seller to receive the payment from the Buyer. This can be especially considered as the most secure option to send & receive monies as this method is subject to Anti-Money Laundering (AML) Compliance. An assessment from the Escrow agent’s legal team will be conducted.

• Transfer Fees: The Dubai Land Department (DLD) charges a standard transfer fee (4% of the property value), along with other administrative charges and Trustee fee charges.

2. Gifting A Property

This option to add and/or remove someone from the title deed has a restriction. Gifting (Donor) and Receiving (Beneficiary), whether in partial or as a whole, are only permitted between first-degree relatives only, which, as per UAE law, includes only Spouses (legally married Husband & Wife) and Parent-Child Relationships. The conditions below are to be met:

• Donor & Beneficiary’s Confirmation: The transfer must be registered as a gift at the DLD & Trustee Office.
• Legal Documentation: Proof of relationship (such as a marriage or birth certificate) is required to validate the gift transfer. If the certificates are issued outside the UAE, they must be fully attested and then translated into Arabic.
• Obtaining a No Objection Certificate (NOC): This same rule as pointed out above is applied when gifting properties too.
• Transfer Fees: Unlike a standard sale and purchase, gifting has lower DLD fees (0.125% of the property value); however, administrative charges and Trustee fee charges still apply.

If you’re looking to modify the ownership of a property by adding or removing someone from the title deed, specific rules apply:

• Between first-degree relatives: adding or removing a name in the title deed means that the Donor’s all or partial shares of the property will be gifted to the Beneficiary.
• Between seller & buyer: adding or removing a name in the title deed means that the Seller is selling all or part of his/her shares of the property to the Buyer through a formal and legal sale transaction.

For anyone looking to close a deal or to show familial love, hope this guide will lead you to many more successful business endeavors or strengthened bonds with your loved ones!

Please get in touch with us at +971 55 173 6935 (WhatsApp), call us at 800 POAAE (76223), or email us at contact@poa.ae for more information.