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🚪 Divorce, ʿiddah & rujuk · #165

Our house is in my name, but my former husband also paid instalments. Can he claim a share?

Yes; harta sepencarian is a right of both parties, not of the wife alone. Act 303 s.122(1) gives the court power to divide between the parties assets acquired by them during the marriage through their joint efforts, whoever's name is on the title. If your former husband paid part of the instalments or repair costs, that is a contribution that will be weighed, just like yours. The court also weighs debts for joint benefit and the needs of minor children, such as housing for children who live with you. Gather payment records of both parties before sulh or trial. See Harta sepencarian.

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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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