The rights of the wife and custodian to housing and alimony

The rights of the wife and custodian to housing and alimony

I got married and then he divorced me and brought me back with a new contract, which was the second divorce. He set conditions including what would provide housing and spend according to his ability. We sat for more than three years without a home and he would come to my parents’ house with promises without specifying a period to provide housing after my third child. I am thinking of separating. The youngest is 9 months old. I want to know if the condition is correct not to provide housing for me and my children, and if it is not correct, why did the court accept the contract and is it legally required to provide He lives with me and I am a custodian of the children, not just paying the text, knowing that I am a third wife and the two wives live in his family’s house, and each one of them has children 

We regret what you are going through, and we are pleased to provide you with a full legal explanation of your status and the rights guaranteed by law.

Ruling on the condition “failure to provide housing” in the marriage contract 

Conclusion: This condition is invalid and is not valid according to Islamic law or the system. 

Housing is an essential and integral part of the “alimony” that a husband has for his wife and children. Article 45 of the Personal Status Law clearly states that alimony includes: “food, clothing, housing, and basic necessities.” 

Therefore, the husband’s requirement not to provide housing is a condition that contradicts the requirements of the marriage contract. The system addressed this situation in the second paragraph of Article 29 of the Personal Status Law, which states: “The marriage contract is valid, and the condition is invalidated if it contradicts the requirements of the contract.” 

Legal result: Your marriage contract is valid, but the condition set by your husband is invalid, and your right to provide suitable legal housing for you and your children remains in place and guaranteed to you by force of the system, even if you agreed to the condition when signing the contract. 

Why was the contract accepted on this condition? 

The role of the marriage registrar and the court when approving the contract is essentially documentary, in which it is ensured that the basic pillars and conditions of marriage are completed (such as the guardian, witnesses, and appointment of spouses). The notary may record the terms agreed upon by the two parties as they are, without examining their detailed regularity, provided that the validity of these terms is decided by the Personal Status Court when a dispute arises. 

In other words, accepting and documenting the contract does not mean acknowledging the validity of every condition in it, as legally invalid conditions are considered as if they did not exist, and you have the full right to demand their invalidation and oblige the husband to abide by your rights before the judiciary.

The rights of the wife and custodian to housing and alimony

The husband’s commitment to providing housing for you and the children 

1. During the continuation of the marriage: You are still his wife under his care, and one of his basic duties is to provide “suitable marital housing” for you and your children, in accordance with Articles 44 and 56 of the Personal Status Law. The presence of two other wives does not exempt him from this obligation, but rather requires justice between you in basic rights, including housing. 

2. In the event of separation and your custody of the children: If separation occurs – God forbid – and custody of the children is transferred to you (which is the original system according to Article 127 of the Personal Status Law), child support remains obligatory for their father, according to Article 58 of the same system, and this support includes the rent for the residence. 

Here is an important point that must be paid attention to. Article Nineteen of the Personal Status Law Regulations stipulates that: “The custodian is not entitled to housing expenses for the child in custody if either of them resides in housing owned or allocated to him, or if the custodian resides according to someone else”. 

Interpretation: Since you currently reside in your parents’ home “according to others,” the judge may not award you an independent residence permit, but he will award you a “housing fee” as part of the custodial expenses, which is a sum of money that the father pays monthly to contribute to the children’s housing costs. Estimating this amount is subject to the authority of the judge, who takes into account the capacity of the spender (the father) and the condition of the spender (the children). 

The rights of the wife and custodian to housing and alimony

Legal options and steps available to you 

You have several legal paths you can take: 

• Claiming alimony and housing: You can immediately, without the need to file for divorce, file an “alimony lawsuit” in the Personal Status Court, demanding that your husband be obligated to provide independent and suitable marital housing, or pay his wages, in addition to full alimony for you and your children for the past period (retroactively for a period not exceeding two years in accordance with Article Fifty-two of the Personal Status Law) and future. 

• Request to terminate the marriage contract: If the husband insists on refraining from providing housing and spending, you have the right to request termination of the marriage contract for this reason. Article 107 of the Personal Status Law gives you the right to request annulment if “her husband refuses to provide for her or the alimony cannot be collected from him.”

The rights of the wife and custodian to housing and alimony

For law and legal consulting? Do not hesitate to contact the office of lawyer Abdul Majeed Al Rashid.