Question:
If a husband and wife are legally joint owners of a business or real estate and one of them dies, does the remaining spouse become the sole owner of the property/business, or does all or a portion have to be divided according to inheritance laws?
Answer:
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
I pray you are well.
Upon the death of one of their spouses, all of their assets are divided amongst the heirs of that individual according to the Islamic laws of inheritance. Some will go to the spouse, some to the parents, children, etc. The surviving spouse’s share in the business or real estate is not affected.
Please ensure that everyone who has a right receives that right. This is very important for the safety of those who distribute financial rights like this on the Day of Judgement. Not doing so can also ruin relationships permanently in this life.
May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani