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What should I do if the heirs refuse to sell the house or vacate it, and how can I obtain my legitimate right without problems? Is it permissible for me to sell the house at the price they specified and give them their share along with their profits without their consent, especially since the house is not officially registered in my husband's name?

1 min readAlso available in العربية

When the deceased passes away, their wealth is immediately transferred to the heirs, and the division of the inheritance may not be delayed except with everyone's consent.

If one of the heirs desires their share of a property that cannot be divided, the property is appraised and their share is given to them.

If one of them requests the division and the rest refuse, the matter is referred to the judiciary.

The Hanbalis hold that the judge sells the property and divides its price, while the Malikis permitted selling it to one of the heirs or to the highest bidder.

The Hanafis and Shafi'is disagreed, not permitting the ruler to sell the property; rather, they would lease it and divide its rent.

So, the judge is the one who sells the jointly owned property, and it is advised to involve sensible people to resolve the issue or resort to the judiciary.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy