Fatwa #3060520 September 2014South Africa
How much ownership do I have over my house after a divorce?
Question
I got talaq from my wife. can i claim half of the house. the house we put on her name when we got Married. or can i only claim for the Renovations I did?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Your question is ambiguous and requires clarity. Are you referring to a civil marriage and divorce[1] or a marriage and divorce according to Shariah? According to Shariah, the right of divorce is vested in the husband. The wife has no right to issue a divorce. Accordingly, if you did not issue your wife a divorce, your Nikah is valid.
If you are a resident of South Africa, we advise you seek the counsel of your local Jamiat al-Ulama or you may clarify the above inquired issues in order for us to further advise you on your query.
And Allah Ta’āla Knows Best
AbdulMannan Nizami
Student Darul Iftaa
Chicago, IL, USA
Checked and Approved by,
Mufti Ebrahim Desai.
References
- http://en.wikipedia.org/wiki/Marriage_in_South_Africa#Financial_consequences