Proceedings from a home sale
Question
Salams, my father recently passed away. My mother is still alive and I (female) have 3 brothers and a sister. My father owned a property in the UK which is legally in both my parents names. My mother has never worked and has not paid towards this property at all (only my father did). My eldest brother is telling me that because it is under both my parents name that It will be half under my dad’s estate and half under my mums. My brother is saying that only half of the value of the house will be added to my dad’s inheritance to us and the second half of the value to our mothers inheritance to us when she passes in the future. My question is is this correct islamicly (I do not care what UK law says, I want to know what Islamic law says)? Is the value of the house shared between both of my parents inheritance or only my fathers?
Answer
Waʿalaykum as-Salām wa raḥmatullāhi wa barakātuhu,
I extend my condolences on the passing of your father. May Allāh grant him mercy and Jannah, and provide patience to your family during this difficult time.
Regarding the division of the property, the situation you’ve described involves both Islamic inheritance law and the legal ownership structure of the property. The distinction between legal ownership and the actual financial contribution is crucial in determining how the property should be treated according to Islamic law.
- Ownership and Contribution:
In Islamic law, ownership is based on actual financial contribution, not merely on whose name the property is registered under. If your father was the sole financial contributor to the property, then according to Islamic law, the property would generally be considered his asset, regardless of its registration under both your parents’ names. However, if your father explicitly gifted a portion of the home to your mother during his lifetime, then your mother would be the rightful owner of that portion. - Determining the Share of the Property:
If your mother did not contribute financially to the purchase of the property and it was solely your father’s money that was used, the entire property should be regarded as part of your father’s estate, unless there is clear evidence that your father intended to gift half of the property to your mother during his lifetime.
Conclusion:
Islamically, if your father was the sole financial contributor, the entire property should be considered part of his estate. However, if there is proof that he gave a portion as a gift to your mother, she would be the owner of that portion.
May Allāh grant clarity and ease to you and your family in these matters.
And Allah subhanahu wa ta’ala knows best.