When does the divorced woman’s right to housing fall?

When does the divorced woman’s right to housing fall?
When does the divorced woman’s right to housing fall?

When does the divorced woman’s right to housing fall?

When does the divorced woman’s right to housing end? One of the things that some people want to collect information about, and it is known that the woman has a right and the divorced woman has the right to the marital home, but the matter may differ in some cases, and today we will talk in detail about this issue through the Egypt Brief website.

Also read: Can a husband take back his divorced wife during the waiting period against her will?

When does the divorced woman’s right to housing expire?

There are a number of cases that deprive a divorced woman of housing, so we will show through the following points when the divorced woman’s right to housing is forfeited? Including:

  • There is evidence that there is a place of residence for women that allows them to live and take their children with them.
  • The presence of sufficient funds in the custody of the fostered child to enable them to rent or obtain other housing.
  • Preparing the husband for an alternative place suitable for the divorced wife at any time, whether this place is owned or rented.
  • The wife chooses financial compensation instead of continuing to live in the marital home.
  • A woman’s right to custody of her children is forfeited without another woman transferring to her.
  • Boys exceed the age of custody, which is 15 years for girls or boys.

When is the divorcee entitled to housing?

After mentioning the forfeiture of a divorced woman’s right to housing, we will mention what she is entitled to, which is as follows:

  • Recruitment of children under the age of fifteen, in both cases, girls and boys.
  • She has no place to live.
  • She should not have a place to take custody of her children.
  • The detained child does not have the funds to obtain another residence permit.
  • In these cases, the woman applies to the Public Prosecution Office to allow her to leave the marital home and submit all required documents and evidence.

Read also: The rights of a divorced woman in Saudi Arabia

Cases of rebuilding the marital home

The wife’s possession of the right to housing is considered a temporary period, and the husband can obtain it again when the children exceed the age specified for custody, according to the above:

  • According to Law 2 of 2000, amended by Law 100 of 1985, the mother’s custody ends after the child reaches the age of 15, and the girl reaches the age of 17. The girl can also stay with the woman until marriage.
  • In the event that custody exceeds the specified age, the father has the right to return the marital home again.
  • In the event that the mother marries a man who is forbidden to the child, custody is forfeited and the right to the house reverts to the father, with the exception of the judge’s opinion that the son’s stay with his mother is in his interest.
  • Article 44 of the Family Code also clarified that if the marriage is valid, the ratification is the right of both parties, and the lawyer’s office issues a decision regarding the receipt of the matrimonial home ownership until a final divorce is obtained.

Cases of the fall of absolute rights

When a divorce occurs, the divorced woman has certain rights, but sometimes the woman is not entitled to the contract, and these cases are as follows:

  • The wife’s disobedience and her departure from obedience to her husband without a legitimate justification, such as preventing the husband from entering his house or not agreeing to travel with him.
  • A woman’s travel without her husband’s knowledge, whether the trip is with or without a Mahram, prevents her from obtaining alimony.
  • Doing something or a crime without the husband knowing about it, and in the case of imprisonment, you are not obligated to alimony until after the period has expired.
  • In the event of a divorce, the woman does not have the right to keep the dowry, and she has no right in the event of a divorce before a legal attachment is made.
  • A woman’s right to custody ends when the mother marries a foreigner or suffers from an incurable disease that prevents her from taking care of the children.

Absolute rights without children

There are a set of rights granted to women in the absence of children during divorce, including:

  • Alimony is money that must be paid to a woman upon divorce.
  • Take the full back.
  • Securing housing and alimony during the waiting period in the event of an irrevocable divorce, but if the divorce is irrevocable, she has no right to alimony or housing unless she is pregnant.
  • In the event that there are children, she has the right to obtain alimony for them and to guarantee everything they need, and she is also entitled to request educational guardianship so that she can enroll the children in schools.

Read also: Women’s rights after divorce

Personal status law rules

All possible hypotheses and rules have been clarified through the Personal Status Law, provided that they are as follows:

  • The age of custody is 15 years, and in the case of girls, she has the right to have the father spend on her until marriage, but if there is a son, the alimony is completed on him until he does the work.
  • It is not permissible for a woman to combine renting an apartment with ownership of it, and she cannot rent an apartment after the son exceeds 15 years of age, just as she is not entitled to rent for breast-feeding in the event that the child exceeds the age of two. .
  • When a young child exceeds the age of custody, his stay with the mother or father is determined according to his desire, and when the mother chooses, she does not have the right to receive wages from the husband.
  • Children’s rights may not be waived during divorce, and the maximum alimony is 500 pounds.
  • The wife does not give up the movables in any case of divorce or divorce.
  • False alimony shall be for a period of two years, even if the marriage is for one day only, and alimony shall be calculated on the basis of the husband’s income.
  • The husband may not obtain rent or custody until after the end of the divorce and the end of the waiting period, and alimony and wages begin three months after the divorce.

Read also: Women’s rights after divorce without children

In sum, divorce is not desirable, but many rules have been set that guarantee women’s rights in the event of their occurrence, and answer the question of when the divorced woman’s right to housing falls, as we mentioned in everything related to the topic. .

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