Property share transfer to the surving spouse

@Dbenkhaled

Hello. As a foreign national you are uniquely positioned to benefit from American and/or Moroccan law. Morocco follows the Moudawana guide for family law matters including inheritance, which depending on your family situation (kids, siblings in Morocco etc..) you’ll likely want to lean towards US law. A legal Will can ensure the surviving spouse is protected.

A few articles of interest:

https://globalhumanrights.org/stories/r … %20divorce

https://www.globalpropertyguide.com/mid … nheritance

It’s good you’re planning ahead because it can be complicated and stressful, especially while grieving, to deal with Moroccan administration.

All the best!

@Dbenkhaled we are in the process of buying a house in Morocco, the Notary who is executing the purchase contract asked very specifically if our marriage is a 50/50 arrangement. So our contract states that ownership is joint between us. If one dies, I assume our will which directs full transfer of property takes over.

@sgrab

Hello Sgrab.

I am told that since both my wife and I were born in Morroco and both Muslim, the National Morrocan Law will be applied despite holding dual citizenship and residing in the USA.

My primary objective is to make sure that 100% share of my 50% ownership in this apartment is inherited and passed on to the surviving spouse without any claims from any other heir( s). I am looking for a legal mechanism within the context and framework of the Morrocan law, if the US law cannot be applied in our case, to achieve this objective.

Thank you so much for your input and feedback.

@526Howard

Hello Howard,

I am told that since both my wife and I were born in Morroco, and both Muslim (and having gotten married according to Morrocan Law), the National Morrocan Law would apply to us, despite holding a dual citizenship and residing in the USA..My objective is to find a legal mechanism to ensure the ownership share of each spouse goes in its entirety to the other surviving spouse.

@Dbenkhaled

Understood and agree - complicated but not unique. Loads of foreign nationals are finding themselves in similar situations. I think a Will is the way to go.

I’m Canadian and this article refers to Moroccan-Canadians and the civil law - might be relevant to your situation:

https://legamart.com/articles/issues-re … heritance/

@Dbenkhaled

Salam, wel yes you need to do a(wasya) lawyer will make it for you, if you have kids you need to think twice. God help you