A co-owner has the right to document his share in a property
27-1-2015 | IslamWeb
Question:
7 years ago, my wife and I came to an agreement to build a house in my home so that my mother and family live in it, but to transfer it to my name at the first opportunity and my wife agreed to it on this condition and designed the map and it took around 370,000SR. now my wife says change the house to my name as we agreed while my family continue living in it. Additionally, my wife is saying (after 1000 years of life of my mother), all brothers will have a share in the house if it is under my mother's name and it will create complications. My wife says change it into my name to avoid complications, and after many years do what I want: make it as a mosque for her and ourselves, sell it and distribute as donation for a mosque, or WAQF IT for her, myself,....": Iam objecting and I don’t feel doing that in order not hurt my mother feeling. Please advise. Jazakoum ALLAH Kheeer
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If this house is your own property and you have registered it in your mother's name temporarily, merely on paper, with the intention to transfer its ownership later to your name, then you have the right to do so, and you may also offer the house as a gift to your mother or to anyone else. As for your wife's suggestion to register the house in your name to preserve your right to it, then you may act upon it if you wish. This does not conflict with allowing your mother to stay in the house for the rest of her life.
On the other hand, if your wife has contributed to the building of the house and she is a co-owner, then she is entitled to her share and has the right to request registering her share in her name or the name of whoever she wishes, and you are obliged to fulfill her request in this regard.
In any case, we advise you to register the house in your name so as to avoid potential disputes and to preserve your rights. This does not conflict with dutifulness towards your mother, and it does not mean that you cannot leave the house for her to live in it for as long as she lives.