Is the husband entitled to claim half of the "khulw" amount he paid for the apartment after the lease agreement was transferred to his wife's name, and is this amount considered a debt owed by her in the event of divorce?
The ruling on the matter depends on the type of lease contract:
1. If the lease is perpetual: The contract is invalid (fasid), and the apartment must be returned, the "khulu" amount reclaimed, and the husband is liable for the fair market rent for the period he resided in it.
2. If the lease is for a fixed term (valid): The "khulu" amount is part of the rent, and it is obligatory upon the husband. He has no right to demand any of the "khulu" from you; rather, you have the right to demand what you paid.
In case the marriage ends:
If you are entitled to custody and the husband wishes to make the apartment a residence for the custodian, you have the right to demand that he bears the costs until the end of the custody period, because the rent for the residence of the child and the custodian is obligatory upon the father.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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