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🚪 Divorce, ʿiddah & rujuk · #169

My ex-husband suggests transferring our house to the children instead of giving me my share of harta sepencarian. Should I agree?

Think it through first, because property in the children's names is no longer yours. The idea sounds noble, but the consequences are large. If the children are still minors, their father becomes the guardian of their property by law, even though they live with you. You would also have no share of your own as savings for old age. Remember too that the court can order the property divided, or sold and the proceeds divided, so this is not your only option. If you still wish to agree, ask for clear terms, for example your right to keep living in the house and who pays the remaining loan. Record the agreement through sulh at the Syariah court. Get advice from a Syariah lawyer before signing anything. See harta sepencarian.
← PreviousThe house and gold were bought with my own salary, while my husband rarely gave maintenance. Can he claim a share after we divorce?

Related questions

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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