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Al-Nakdh rules on fake lease custody cases
The Court of Cassation has ruled that a divorced husband is not permitted to dispose of the marital residence in order to nullify the custodial mother's and minors' right to occupy it, especially if their right was established prior to the disposition—whether through sale or a fictitious lease agreement—provided he was aware of this right at the time of the transaction. The court affirmed that the right to occupy the residence is derived from law and is considered a mandatory rule. Therefore, it prohibits attempts to circumvent this right for personal gain or to eliminate legal rights, and any deception or manipulation can be proven through all available means of evidence.
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