He gave her a house and she kicked him out and asked for a divorce


After her husband satisfied her by writing his house in her name, he was surprised that she expelled him from him and asked for a divorce, which made him file a lawsuit against her, but the wife denied this, and stated that he wrote it to her in exchange for an old promise between them, so the husband brought evidence, who were the children of the two parties, and they testified that their father He did this in his desire to continue the marriage.

Case details

The plaintiff (the husband) filed a lawsuit against his wife, with a desire to recover his house, which he was expelled from after he wrote it to her as a favor after she left the marital home and stayed for a period in her family’s house. Between them, however, the wife surprised him and filed a divorce lawsuit and expelled him from his house and prevented him from entering it after she owned it and became in her name, but the defendant denied that the husband wrote the house to her as a favor, but he wrote it to her in exchange for an old promise to her that he write the house in her name as a reward for her, so the husband By bringing evidence (witnesses), who were the children of both parties and who testified that their father wrote the house to their mother in his desire to continue the marriage.

Judgment

And based on the testimony of witnesses that the property or the gift was for the return of the wife and the end of the separation, just as the plaintiff – after taking the oath from the judge – swore to the validity of his claim, as well as the existence of a case of annulment of marriage and the great discord between the two parties and based on what is decided by the jurists that whoever gave a gift He has something for a reason that is proven to be proven and disappears with its demise, as a ruling has been passed to return the house to its owner (the plaintiff).

legal opinion

Lawyer Misfir Al-Ghamdi explained that the absolute gift that is not attached to a condition obligates arrest, and it cannot be recovered, but if the gift is suspended on a condition, or what is called by jurists the gift of reward, it is a compensation, and the donor has the right to recover it if the other party does not fulfill the condition.

This gift is either attached to a verbal condition: such as he says to his wife and I gave you this house in exchange for the ten remaining among us, or on a customary condition, as if people know that this gift or gift is intended as compensation, such as gifts that occur on occasions and the like, and people get to know that it is returned He has the same or more on another occasion, in both cases the donor has the right to take back the gift.

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