Question:
Me and My husband are joint owners of the house we live in i have no investment in this property but our will is as such that upon my husbands death the house would belong to me and upon my death it would belong to my husband is this right islamically? And on death of both of us it would go on to our children
Answer:
In the name of Allāh, Most Gracious, Most Merciful.
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh.
A) We understand from your query that you had no investment in the house. It appears that you had become a joint owner of the house by your husband merely gifting you 50% of the house.
The ruling would be as follows:
You would not become a joint owner of 50% of the house by your husband merely gifting you half. The entire house still belongs to your husband.
If your husband wants to make you a 50% owner of the house; he may sell 50% of the house at any price, As such, the sale will be valid and now you will become a joint owner of the house.
The laws of inheritance will be as follows:
1. If you pass away then your husband, Children as well as your remaining heirs will inherit from your 50% of the house.
2. If your husband passes away then you and your children and his remaining heirs will inherit from his 50% of the house.
As such the surviving spouse will be the major share holder of the house and could purchase the share of the remaining heirs and assume full ownership.
B) If one of the spouses purchased a property and both want to be joint owners and one passes away, it would not be permissible for the existing spouse to take the entire property. It would still be obligatory to divide the estate in accordance with the Shariah.
And Allāh Ta῾āla Knows Best
Mufti Luqman Hansrot
ومن وهب شقصاً مشاعاً فالهبة فاسدةٌ، فإن قسمه وسلمه جاز
ص225,ج3, الناشر المكتبة الإسلامية, الهداية شرح بداية المبتدي