(#211)
Question
Assalam Wa Alaikum When a husband and wife bought a house together and both contributed financially and non financially and once they are divorced, can the husband claim for his share of interest in the property? I have read some articles online from other Darul Ulm that both can claim their interest but I wanted to know from NZ Darul Iftas point of view as well. Wasalam
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We have received your query regarding a joint owned house and claiming a portion , we apologise for the belated reply, our response is as follows:
Firstly, you will need to determine under whose ownership is the property. Thus, the money acquired from the sale of the houses will be distributed in accordance to the ownership percentage i.e. if each of you owned 50% then each partner will take 50% of the property. Please note that changing the name of the title deed is not sufficient for ownership to take place, physical or constructive possession is required.
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
7th Muharram 1446
14th July 2024
