Categories Legally Permitted to Share the Marital Home 

Ms. Safaa Al Khatib
CEO of Zayed Al-Shamsi Advocates and Legal Consultants

The marital home is considered one of the fundamental rights in the marital relationship, and the UAE law guarantees this right to the wife in a manner that preserves her dignity and family stability. According to Federal Decree Law No. 41 of 2024, the general rule is that the marital home should be exclusive to the spouses and their children. However, there are certain categories that may lawfully share the marital home with the couple, as specified in Article 105 of the aforementioned decree.

This article permits the husband to house his parents and children from another wife in the marital home, provided that he is legally obligated to support them and that doing so does not cause harm to the wife.

Similarly, the wife is permitted to house her children from a previous marriage in the marital home if there is no other guardian for them, if separation from them would cause harm, or if the husband explicitly or implicitly consents to it. However, the husband retains the right to withdraw his consent if such arrangement causes him harm.

If both spouses jointly own, rent, or provide the marital home, neither of them may house another person without the other’s consent.

The husband is allowed to house more than one wife in the same building, provided that the accommodations are suitable and each wife enjoys a nearly complete level of independence, such as separate sanitary and service facilities, entrances, and exits. The court may impose additional conditions upon the request of the aggrieved wife.

It is also worth noting that the husband retains his legal right to object to the presence of any individual in the marital home if it is proven to cause direct harm, violates social norms, or infringes upon the sanctity of the home. In the case of divorce, the custodial wife retains her right to reside in the marital home or request an alternative residence until the custody period ends.

Thus, UAE law strives to balance the wife’s right to housing and the husband’s right to privacy, while considering the best interests of the children and the family’s humanitarian and social circumstances.