A family deal still needs registering
Parents often want to pass a home to their children, and couples sometimes rearrange who owns what. However close the relationship, ownership in Dubai only changes once the Dubai Land Department records the transaction and issues a new title deed. A private family agreement, or a signed waiver on its own, does not make anyone the legal owner, so the real question is which official route fits your situation.
Choosing the right route
Each route has its own conditions, documents and costs, so decide on it before you gather paperwork. Picking the wrong one is a common reason for delays or a rejected application.
- Gift: ownership passes with no payment, and the reduced gift fee applies only between spouses, parents and children, or between an owner and their wholly owned company
- Sale: a priced transfer that works between any two people, including brothers, sisters and other relatives who cannot use the gift route
- Inheritance: heirs are registered after the owner’s death once the legal succession steps are complete
Adding or removing a name on the title deed
Changing the names on a deed is treated as a transfer of a share, not as a simple edit. Between spouses or a parent and child, adding someone usually means the owner gifts them part of the property, and removing a name means that person gifts their share back. Between anyone else, the share has to be sold through a formal sale transaction, and since a former husband or wife may no longer count as a spouse for this purpose, check which route applies after a divorce. Where a sale is involved, the price must be settled in a way the trustee office accepts.
- A manager’s cheque in dirhams, which needs UAE bank accounts on both sides
- An international transfer, supported by a notarized acknowledgement from the seller confirming payment
- An escrow arrangement, where a third party holds the money until both sides have met their obligations
Inherited property between heirs
Inheritance follows its own path. The heirs first obtain an official document identifying who they are and the share each one holds, then submit it with the title deed so the property can be registered. They can keep it jointly in proportion to their shares, or agree that one heir takes it through a partition, assignment or sale between them. It is wise to finish the registration before anyone tries to sell or gift their part, and the heirs may appoint one of themselves to handle the steps under a valid POA.
The transfer process step by step
Whatever the route, a Dubai transfer tends to follow the same basic order. Once the file is complete, the registration itself can move quickly, while gifts and inheritance cases often take longer because of extra checks.
- Decide whether the transfer is a gift, sale or inheritance case
- Check that the property has a title deed and no mortgage, dispute or restriction blocking it
- Ask the developer for a no-objection certificate confirming service charges are paid, and the facilities manager too where one exists
- Submit the application at a DLD trustee centre with all documents
- Pay the government and trustee fees
- Collect the new title deed in the new owner’s name
Documents and costs
A sale attracts the standard DLD transfer fee, while a qualifying gift carries a much lower one, and trustee and title deed charges apply in both cases. Fees are revised from time to time, so check the current rates before you begin, and agree in writing who will pay them, since this is usually for the parties to settle between themselves.
- The original title deed
- Passport and Emirates ID copies for every party
- A marriage or birth certificate for a gift, attested and translated into Arabic if it was issued abroad
- The sale agreement for a priced transfer
- The developer’s NOC and, for a mortgaged home, the bank’s clearance or approval
- A notarized POA for anyone who will not attend
If someone cannot attend
When a parent lives abroad or an heir cannot travel, a representative can complete the transfer under a notarized POA. The document must clearly give authority to deal with the property, pass ownership to the new owner and sign before the DLD, because a general authority that leaves this out is a frequent cause of rejection. Make sure every name and property detail matches the title deed and identity documents, as small mismatches can stall the whole file.
How we can help
We can prepare and arrange notarization of the POA your family transfer needs, worded for a gift, sale or inheritance case. If you are unsure which route suits you, we are glad to help you think it through.