Urgent Question about Moroccan family law
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I would appreciate your support, guidance, or assistance.
I am a Belgian national who is married to a Moroccan woman and has three children, all born in Morocco, lived there together for about 6 years.
We just relocated to the European Union, canceled our apartment lease, and left all of our possessions (furniture, electronics, kitchen items, clothes, virtually everything) at my wife's family home (in Marrakech, where her mother and siblings live together).
We opted to stay in the EU with our children, and my wife obtained an EU resident permit. Our children attend school in the EU.
My wife claims that all of the items that we left in her family's house now belong to her, so she can sell them and retain the money or give them to her family. We are not divorced; we are married.
My question is if she has right to do this according the Moroccan law, can you tell me what my rights are in this situation?
Thank you very much.
Tommy
Hello Tommy, how are you? In answer to your question, if the furniture is from your private money, then it is yours and you are free to dispose of it, such as selling it or giving it to her family, but there is no law in Morocco that requires you to give your wife something of yours, such as furniture,car, extr....
unless If you gave up on him of your own free will, I hope that there will be friendship between you and that your wife will not covet things that belong to you. Greetings to you
Thank you for your answer. We were married for couple 9 years, only i worked , she never had a job, so all money we had was family money, all things we purchased together for us.
For example new expensive fridge, new tv, new sofa, etc, not personal things, family things. That things even i buy, i can not say i bought it for me, as it is for family wife husband kids. My wife argue according Moroccan or maybe Islamic law, what is in home, is for woman - wife. We are married, not divorced, just changed our residence from Morocco to E.U. and our kids attend school also here. As we decided stay here , we left our belongings in her family house, as we said we sell them and use this money for buying our stuff in E.U. Later when needed. But later she told me these things , so maybe she want keep ot for her family ...
As I said, if the purchases are from your private and net money, then they are yours alone, and she has no right to claim those things for her family. This does not exist, neither in the law nor in Islamic law
This is an example in( Sharia islamic) after divorce, let alone if you are marriedThe rule in luggage after the occurrence of separation and divorce between the spouses is that it be in the face of honor and kindness, according to the Almighty’s saying: {And that you abstain is nearer to piety * And do not forget the credit between yourselves}- Surat Al-Baqara (237) (The Holy Qur’an) Even if separation occurs, fulfillment and preservation of rights remain between them, so if There was a dispute and disagreement between them. These are the cases in which the luggage is the right of the wife:
If the luggage is from the wife’s private money, and the husband confesses that to her, or she has evidence of ownership such as witness testimony or purchase invoices, then the luggage is her right.
If the husband donated the luggage to her, or gifted it to her, and she has evidence and arguments for that, then the court shall order the luggage for her.
If the wife renews the luggage, as if the husband had brought furniture such as furniture and the like of furnishings and covers, and it became obsolete with the passage of time, then she bought new furniture from her own money without informing him or asking for his permission, and she has proof of that, so the furniture is hers.
If the wife has the right to custody after the divorce, and her children are minors who do not exceed (15 years), then she has the right to live with the luggage, to preserve her stability and safety with her children.
Cases in which luggage is not the right of the wife after divorce
The rule in the luggage within the marital home is that it enters into the responsibilities and alimony of the husband towards his wife, unless there is an agreement as a matter of affection, understanding, and cooperation, in which the wife also contributes, and if it is proven that the luggage is from the husband’s money; It is included in his ownership, so the wife has no right to claim it at that time.
A lawsuit claiming marital furniture after divorce
In the event that there is a dispute between the spouses about the matrimonial property after the divorce, and each of them claims that it is attributed to himself, and it is not possible to reconcile between them, then each of the spouses has the right to file a lawsuit for the matrimonial property so that the court considers who is entitled to it based on the evidence and presumptions considered by it.
It is called circumvention of Islamic law, and we can say that it is greed under the cover of Moroccan law
But you quoted all that in the case of divorce. That's not our case. We are married, so she said something what is not tue, which means to me its haram - saying lie even she knows is a lie.
I know that I wrote to you in the event of divorce, so that you know that the wife should not keep the man’s furniture even in the event of divorce, so what do you think when you are still married, do you understand my friend?
@volftommy854 Morocco is an Islamic country, of course there is Sharia
Hey. According to the moroccan law, what you have left in your house belongs to both of you. Unless it’s something like a car registered in your name or hers. Literally anything belongs to both of you. She can sell it and you can too.
@volftommy854 Get over it and don't try to make a big deal about her lying trying to something in return. All it will do is cause problems. She deserves something. She didn't work, because she stayed at home taking care of your kids saving you money. That's a full time job in itself. You most likely lived there for free or didn't pay rent at her family's house. She's most likely saying that, because she thinks she should get something in return for herself and her family while you wore staying there.
@volftommy854
why did she do that, thats a conjugal property..and thinking that your marriage also she should respect you...thats greed
@volftommy854
you need to have faith and trust in each other. You are married and you are parents as well. Your money and your belongings are for both of you and you are supposed to spend the money of the Moroccan items on your own family to establish your new life in EU. Otherwise revise your first discussions and your decisions as a couple when you just got to Morocco and decided to live in your in laws’ house. Did you guys pay a rent or did you help in any kind of expenses with the family since you stayed with them. Or nay be if your stay was free, your wife is trying to thank her family by providing them the furniture.
talk to your wife and figurine out because your relationship of marriage is more important than the value of those belongings.
communicate peacefully with each other to come up with a better solution to avoid differences. You need ti focus more on your new life to adapt to your new changes.
good luck
@Yahya411 Look at it this way. Your wife stayed at home taking care of your 3 children and you. Most likely did all the housework, grocery shopping, and cooking. That's a full time job. She saved you more money than what that furniture cost in less than a year. Also, you left your furniture at her family's house. Most likely you didn't want to spend the money for storage or moving it to Europe. Wow, unbelievable, that you're giving your wife grief over this and causing marital problems. It's just my opinion being married to Moroccan woman for 28 years. My wife is stay at home mom too with adult children. It's more than a full time job.
FYI, the Moroccan government has giving women more rights in past few years, because of this. Stayed at home raising kids and got nothing in return after being divorced.
I love Morocco and Moroccans, but as a Westerner there are just too many loopholes once a Westerner marries and has kids with Moroccans. Marrying with someone from a state with laws in common should be prioritized unless, you are both living and raising kids outside of both of your native lands. Only then is it balanced. Love changes and that’s why the laws by which the marriage was established under should be common and/or a third country residence should be actively sought after.Â
@volftommy854
No she can't.
As the man you have the right and say over everything including where you would live and all the items in your home are yours especially if the lease was in your name.
Congratulations, you now know what it is like being married to a moroccan.
Soon she will also leave you and claim all your money once her legal status is stable.
@volftommy854
You're not divorced so half and half, unless she bought everything with her own money!
Typical nonsense- she wants to give it to her family! Some Moroccans are such morons!Â
The adoul told us in March that whatever is bought with his money is his, and whatever is bought with her money is hers, unless it has been gifted from one to the other. I have heard from many people that what has happened to you, has happened to them as well. They get the spouse who is not moroccan to buy home, goods for the home, vehicles, jewels, and whatever else they feel is necessary for their lifestyle, and they either sell it, give it away, or keep it, claiming it is their's to do with as they please. The only way to determine ownerships to get your money back is to then go through the courts and have them decide the outcome if you can't agree amicably. Usually this giving away, selling is a precursor before taking a divorce. Good luck getting anything back or compensation while married. You should have shipped the goods to the EU with you, instead of leaving them behind. Technically it was a lie and yes, lying is haram, but in my personal experience it's the norm in Morocco. It could also be looked at in the positive as someone not educated well in the religion or the country's laws. As the saying goes chose your battles wisely. If she has been a good wife, mother, and her family has been good to you, you could just gift it and be done with the issue. If not, you have to chose if it's worth it to pursue and possibly have it bring discord to you. It's all in the eye of the beholder.
You left those things behind at their home, so they perfectly with all the right could claim that those items were gifted to them.
  Hey. According to the moroccan law, what you have left in your house belongs to both of you. Unless it’s something like a car registered in your name or hers. Literally anything belongs to both of you. She can sell it and you can too.
 Â
  -@Belt99
This is the right information , what you left is belong to both of you , and plus that you can't say my wife stole something from me and same with her .
@hosnkhatimaa hi I am an Indian national married to Moroccan woman now situations reached till divorce I paid 110000 dirhams as advance for a rent contract and 190000 Dirhams to buy a new car in September 2023 all the money I have transferred to my wife's account through my Indian account and some I withdraw from my debit and credit cards if there is divorce will she keep the money of the advance and the car since both is in her name that's what she is telling me now
It would be a great help if you can give your valuable advise
@Nana-Thi I am an Indian national married to Moroccan woman now situations reached till divorce I paid 110000 dirhams as advance for a rent contract and 190000 Dirhams to buy a new car in September 2023 all the money I have transferred to my wife's account through my Indian account and some I withdraw from my debit and credit cards if there is divorce will she keep the money of the advance and the car since both is in her name that's what she is telling me now
It would be a great help if you can give your valuable advise
@Yahya411there is no family will allow any kind of foreigners to live free and even if they accept one would spend three times more money than rent I have personal experience if the wife is taking care of the house and child the man is working and providing everything she needs like clothes saloon protein jewellery and also the man taking tantrums no job in the world would pay her like this
@touritoxhi I am an Indian national married to Moroccan woman now situations reached till divorce I paid 110000 dirhams as advance for a rent contract and 190000 Dirhams to buy a new car in September 2023 all the money I have transferred to my wife's account through my Indian account and some I withdraw from my debit and credit cards if there is divorce will she keep the money of the advance and the car since both is in her name that's what she is telling me now
It would be a great help if you can give your valuable advise
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