The deceased leaves behind a house under joint ownership

Question

Dear Mufti Sahib, Assalaamu Alaikum WRWB

One of our community members died last week, the family is seeking advice for the following issues:

  1. The home husband and wife were living, is in the name of deceased and his wife.  After his death, does his wife is only owner of this house, or this will be deceased estate, and should be distributed to all his family, i.e. his wife, two sons, and one daughter.  Two sons are married, and live in their own houses.  Daughter lives with parents, and is not married yet.  

  1. There is mention in his last will that he wished to designate his one third of his wealth (which has can designate to anyone) for his wife. Is this okay?

Please respond to this urgent matter.  Jazak Allah Khair.

Answer

 بسم الله الرحمن الرحيم

الجواب حامدا ومصليا ومسلما

The answer to your questions may be found below:

  1. A property can be under the name of both spouses for multiple reasons, such as tax purposes and various other reasons. If the wife was actually considered to be a joint owner of the house, half of the house would still be under her ownership and the other half would be split in inheritance. The property being under the name of both spouses alone does not necessitate that Islamically both were joint owners of the house. 

  1. A bequeath cannot be made for an heir unless all of the heirs agree. Thus, such a bequeath to one’s wife would only be valid if the remaining heirs agree.

والله اعلم

Allah subhanahu wa ta’ala knows best.

Mohammad Jafari

Approved by Mufti Husain Ahmad Madani