Upon marriage my father-in-law offered to sell us his second home at a reduced price for x amount. I paid this back over several years and my wife contributed towards the repayments by giving a certain amount. We then had the house renovated and my wife also contributed a certain amount towards this. In order to do the renovations we borrowed a certain amount from a family friend. Again my wife helped pay this back by giving an amount each month. When we divorced, we agreed between the both of us that I would payback my wife all that she contributed and also to give her extra to take into consideration that the house was given to us at a reduced price. 3 months later my ex-wife now wants to go to a Mufti to find out what the Shariah ruling is. Please could you advise based on the above:
(1) Based on the Shariah how should we share the cost of the house?
(2) Do I pay back my wife’s contribution?
(3) Or do we have to value the house and give her the value based on what she contributed.
(1) Based on the Shariah how should we share the cost of the house?
(2) Do I pay back my wife’s contribution?
(3) Or do we have to value the house and give her the value based on what she contributed.
بسم الله الرحمن الرحيم
(Fatwa: 23/33/SD=11/1435)
In the above mentioned case, if your wife contributed to buy the house as a favour not as a partnership then in this case the wife would not get anything in the house. It shall be considered a favour and help from the wife, and you would be the sole owner of the house. However, if you want to return her money then there is no harm in it.
However, if the case is otherwise, then you should write the detail and submit the query again.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband