Distribution of property equity after divorce
| Fatwa #895 | Category: Miscellaneous | Country: United Kingdom | Date: 6th September 2023 |
| Fatwa #895 | Date: 6th September 2023 |
| Category: Miscellaneous | |
| Country: United Kingdom | |
Question
Salaams Mufti Saab
I have just gone through divorce after 17 years of marriage. I have 1 son who is 15 years old and he is living with his mother.
My question is about the marital home that we both own together, which my ex-wife and son are currently living in.
Previously we owned a house which was 100% in my ownership. When we decided to move house in November 2020 we bought the house in Blackburn for £117,500. Initially when buying the house I contributed £30,000 and my ex-wife contributed £87,500. The agreement we had was that once the old house was sold I would give my ex-wife the full amount of the sale money. Once the house sold, I handed over £70,000 cash to my ex-wife as we agreed. The contribution of this house is therefore £100,000 (85%) for me and £17,500 (15%) for my ex-wife.
I am currently living at my parent’s house and want to move on with my life. I cannot do this until I receive my full share of the house.
In June 2023 I received letters from my ex-wife with house valuations for 3 estate agents and I also carried out my own house valuation.
The overall average of the 4 valuations came to £163,119.
My share @ 85% = £138,651
Her share @ 15% = £24,468
My ex-wife is refusing to sell the house and is also refusing to pay me my full share back which is 85%. She has proposed a valuation compromise of £160,000 which I do not agree with. She has offered me only 50% which is £80,000. If I don’t accept this then she has said I can take her to court. Because she believes I will only get 50% but not considering that the court can consider unequal shares based on each party’s respective contribution.
If I accept 50% at her valuation of £160,000 (I do not agree to this) then I will be in loss of £56,000.
Please can you provide guidance according to Quran and Hadith on how we should proceed?
Jzk
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Respected Brother,
If what you have stated is true and correct, the current house will belong to you (85%) and your wife (15%). As such, proceeds from any sale will be divided as per the above percentages.
However, our advice is that you consult a local UK based Mufti/Organisation to assist you in this matter due to the possible legalities involved.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad IV Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia