Darul Uloom Trinidad & Tobago

QUESTION

Assalaamu Alaikum,
I wanted to know what was the islamic ruling/rights when it comes to husband and wife sharing with one another (legally transferring of names to have shared ownership) their inheritance from their parents?  Both from a man to his wife or a wife to her husband……

ANSWER:

Wa Alaikum As Salaam,

It is permissible for a husband and wife to share their properties with each other, They can also legally transfer names to have shared ownership. This however, can only be done in things that are legally owned and possessed by a person. Therefore, if the husband is the owner of a house and the land on which it stands, and he wants to put his wife’s name on the deed, then it can be done. However, this alone does not bring about part ownership for the wife. For the wife to become a part owner or a full owner, the husband must actually give her the amount he wants her to be the owner of. He must say this in words or write in on a paper.

The same is the case when the wife is the owner of a property. She can put her husband’s name on the deed or on any legal document. However, for him to become a part owner or full owner of her property, she must actually give it to him by uttering a statement or writing it on a paper. The mere placing of a name on any legal document does not bring about ownership.

It is also important to note that in situations like this where there is shared ownership of a property or wealth, when one party dies, then the amount owned by that person will go to all the legal heirs in inheritance. It will not be automatically transferred to the person whose name may be on the deed. This person may also get part of the inheritance, if he/she is a legal heir. However, the entire amount will not go to him/her.

And Allah Knows best

Mufti Waseem Khan

31/10/2017