Does the nanny’s housing allowance waive if she owns a house?

Legal advice

a question

A question was received from a reader who said:

I am a divorced woman and I have children with special needs. My ex-husband pays the housing allowance, which is the rent of the house we live in, but it is not suitable and ready for my children. So I decided to buy a private house equipped for their condition, with a loan from a bank, and move to it, on the condition that I pay its price from the housing allowance that I receive from my ex-husband. My question is, if my ex-husband finds out about this matter.. can he cancel this allowance?

The answer
Legal advisor Dr. Youssef Al Sharif answers:

If the housing allowance is ruled by the court, i.e. it is not specified by an amicable agreement, a ruling must be issued to cancel this allowance. The law stipulates that the housing allowance is dropped if the custodian owns a residence or a residence is allocated to her. The text on ownership is general and does not stipulate that the ownership be pure so that mortgaged ownership is excluded. From our point of view, we cannot say that the custodian can continue to collect the allowance to pay the value of the loan because that would be enrichment at the expense of the guardian of the ward or wards because the ownership will ultimately go to the custodian and is paid from the guardian’s money. Therefore, the custodian can invest this house for herself and continue to collect the allowance and rent a house that is consistent with the condition of children with disabilities who have special needs. If the value of the allowance is insufficient, she can request the court to increase it based on the condition of the children according to medical reports and a certified rental contract.

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