The Minor Civil Court ruled to sell a house owned by a separate couple, in the public auction to cannot be sorted, and the distribution of the price obtained from the sale was equally between the spouses after the housing bank “mortgagee” met his debt from the price of the sale, and obligated the spouses to the expenses and fees of the screening committee equally, and ordered the clearing about the law fees.
The facts of the lawsuit are summarized in what the wife’s agent, lawyer Hamid Al -Sammak, stated that his client filed it before the court, and at the end of which she requested a sorting entitled in the house in the Malikiyah area, and in the event that the sorting is not possible, the ruling on selling the property in the public auction and dividing the return return between them and the first defendant after paying the value of the mortgage to the Housing Bank, while obliging the defendants to pay the fees, fees and fees Actual and valuable expenses.
The lawyer Al -Sammak indicated that his client and the first defendant, her ex -husband, possesses the prevalence of the house, and she wants to end the state of common.
The representative of the fourth defendant, the Urban Planning and Development Authority, deposited a memorandum to respond at the end of the judiciary by rejecting the lawsuit, due to the inability of the property to be divided into violation of the sorting provisions of the executive regulations and the regulatory requirements of reconstruction, while the second defendant’s agent deposited the housing bank a memorandum to respond at the conclusion of it, first: refusing the request to sort the property because of its negative impact on the value of the insurance warranty of the defendant The second, and in the event of a ruling on selling the property by public auction, the judiciary will be fulfilled by the second defendant, the housing bank, the “mortgagee creditor”, is due from the price of the sale for the entire debt, while obliging the plaintiff to expenses and the law fees.
The court decided to delegate the screening committee as an expert in the case, where the missionary committee began, and deposited its report, through which it concluded that the property was not possible for the existence of a building based on it and its contradiction with the planning requirements in terms of area, and the property was estimated at a value The first defendant, provided that the plaintiff has an amount of 79254.5 dinars.
The lawyer commented on the screening of the sorting committee that if the first defendant is not paid, the plaintiff was due before the ruling, his client requires the sale of the property by public auction, while the former husband’s agent requested installment of the amount.
The court showed in the reasons for the ruling what the sorting body ended in the failure to sort the prosecutor in kind in the real estate of the pioneering of a standing building, and determining the basic price of the property in the amount of 158 thousand dinars, and she said that the prosecutor is entitled to half of the amount if it owns half of the property according to the ownership document, and given the inability to divide it in kind, and in the implementation of Article 797 of the Civil Code, the court ruled that the real estate cannot count, and sell it By the auction and the distribution of the price obtained from the sale to the parties to the assignment, according to their entitled after the defendant met the housing bank, “the mortgagee”, his debt was from the price of the sale, and the plaintiff and the first defendant obliged the lawsuit of the lawsuit and the screening of the screening committee equally, and ordered the clearing over the legal fees.
